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Full text of "North Carolina Register v.6 no. 11 (9/3/1991)"

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The 
NORTH CAROLINA 

REGISTER 




IN THIS ISSUE 

EXECUTIVE ORDERS 

FINAL DECISION LETTERS 

PROPOSED RULES 

Cultural Resources 

Economic and Community Development 

Environment, Health, and Natural Resources 

Human Resources 

Public Education 

State Personnel 



FINAL RULES 

Correction 
Transportation 



RECEIVED 

SEP 6 1991 
LAW LIBRARY 



List of Rules Codified 
ARRC OBJECTIONS 
RULES INVALIDATED BY JUDICIAL DECISION 

ISSUE DATE: SEPTEMBER 3, 1991 
Volume 6 • Issue 11 • Pages 678-721 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North Carolina 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 27447, Raleigh, N. 
C. 27611-7447, Attn: Subscriptions. 



ADOPTION, AMENDMENT, 
RULES 



AND REPEAL OF 



An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Review Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 days, 
whichever is less. An agency adopting a temporary rule 
must begin normal rule-making procedures on the per- 
manent rule at the same time the temporary rule is 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolma Administrative Code (NCAC) is 
a compilation and index of the administrative rules of 
25 state agencies and 38 occupational licensing boards. 
The NCAC comprises approximately 15,000 letter size, 
single spaced pages of material of which approximate- 
ly 35% is changed annually. Compilation and publica- 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Each 
state agency is assigned a separate title which is fur- 
ther broken down by chapters. Title 21 is designated 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum 
cost of two dollars and 50 cents ($2.50) for 10 
pages or less, plus fifteen cents ($0.15) per each 
additional page. 

(2) The full publication consists of 53 volumes, 
totaling in excess of 15,000 pages. It is sup- 
plemented monthly with replacement pages. A 
one year subscription to the full publication in- 
cluding supplements can be purchased for 
seven hundred and fifty dollars ($750.00). In- 
dividual \ olumes may also be purchased with 
supplement service. Renewal subscriptions for 
supplements to the initial publication available. 

Requests for pages of rules or volumes of the NCAC 
should be directed to the Office of Administrativf 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pro 
cedures to be followed. For specific statutory language 
it is suggested that Articles 2 and 5 of Chapter 150B a 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issue 
page number and date. 1:1 NCR 101-201, April 1, 198( 

refers to Volume 1, Issue 1, pages 101 through 201 o 
the North Carolina Register issued on April 1, 1986. 



North Carolma Register. Published bi-monthly by the 
Office of Administrative Hearings, P.O. Drawer 27447, 
Raleigh, North Carolina 27611-7447, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year 

North Carolina Administrative Code. Published in 
looseleaf notebooks with supplement sendee by the 
Office of Administrative Hearings, P.O. Drawer 27447, 
Raleigh, North Carolina 27611-7447, pursuant to 
Chapter 150B of the General Satutes. Subscriptions 
seven hundred and fifty dollars ($750.00). Individual 
volumes available. 



NORTH 
CAROLINA 
REGISTER 




Office of Administrative Hearings 

P. O. Drawer 27447 

Raleigh, AC 27611-7447 

(919) 733 - 2678 



Julian Mann III, 

Director 
James R. Scarcella Sr., 

Deputy Director 
Molly Masich, 

Director APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa KUpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



ISSUE CONTENTS 



I. EXECUTrV'E ORDERS 

Executive Orders 147-148 678 

II. FINAL DECISION LETTERS 

Voting Rights Act 681 

III. PROPOSED RULES 
Cultural Resources 

State Library 686 

Economic and Community 

Development 

Credit Union Di%'ision 683 

Environment, Health, and 

Natural Resources 

Marine Fisheries 690 

Parks and Recreation 693 

Wildlil'e Resources 

Commission 692 

Human Resources 

Economic Opportunity 689 

Medical Assistance 688 

Services for the Blind 686 

Public Education 

Elementary and Secondary 694 

State Personnel 

Office of State Personnel 696 

TV. EEVAL RULES 

Correction 

Division of Prisons 700 

Transportation 

Motor Vehicles 701 

List of Rules Codified 711 

V. ARRC OBJECTIONS 715 

VI. RULES INA ALIDATED BY 

JUDICIAL DECISION 717 

VII. CUMULATPVE ESDEX 719 



NORTH CAROLINA REGISTER 

Publication Schedule 

(April 1991 - December 1992) 



Issue 


Last Day 


I^st Day 


Earliest 


+ 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


PubUc 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


+++*++*+ 


+*+++*++ 


++++++++ 


+++++++* 


+++++++* 


04-0 1/91 


03/11/91 


03/18/91 


05/01/91 


08/01/91 


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03/22/91 


0401,91 


05/15,91 


08/01/91 


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04/17/91 


05/31,91 


09/01/91 


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04/24/91 


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06/14/91 


09/01/91 


06/03/91 


05/10/91 


05/17/91 


07/03/91 


10/01/91 


06 1491 


05/23,91 


05-31 91 


07/14 91 


10,01/91 


07 01,91 


06/10/91 


06/17/91 


07/31 91 


11/01/91 


07/15,91 


06/21/91 


06'28/91 


08 14/91 


11/01/91 


08/01/91 


07/11/91 


07/18/91 


08/31/91 


12/01/91 


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07/25/91 


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10/03/91 


01/01/92 


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09/1091 


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10/31/91 


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09/24/91 


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02/01/92 


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10/24/91 


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03/01/92 


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11/07/91 ■ 


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12/20 91 


12 31 91 


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01/17 92 


03/04/92 


06/01/92 


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06 01 92 


05/11 92 


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0601,92 


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06/10/92 


06/17/92 


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09/17/92 


10/31/92 


02/01/93 


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10 01/92 


11/ 14,' 92 


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10/30/92 


12/16,92 


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04/01/93 


12/15/92 


1 1/24/92 


12/01/92 


01/14/93 


04/01/93 



* The "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the rule with The Administrative Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



EXECUTIVE ORDERS 



EXECUTIVE ORDER NUMBER 147 

ESTABLISHMENT OF THE GEOGRAPHIC 

INFORMATION COORDINATING COUNCIL 

AND THE TRANSFER OF THE CENTER 

FOR GEOGRAPHIC INFORMATION AND 

ANALYSIS TO THE OFFICE OF THE 

GOVERNOR 

WHEREAS, geographic information is emerg- 
ing as an important strategic resource for the fu- 
ture; and 

WHEREAS, increasingly complex decisions, 
overlapping governmental responsibilities, and 
limited fmancial resources demand that agencies 
work together to develop and utilize geographic 
information; and 

WHEREAS, North Carolina has a history of 
effecti\'e utilization of geographic information 
and "geographic information systems" (GIS) 
technology both at the state level and the local 
level; and 

WHEREAS, geographic information and GIS 
technology are now being developed and used by 
many agencies in North Carohna without a 
statewide focus or framework to maximize their 
usefulness; and 

WHEREAS, geographic information and GIS 
technology can only be fully and practically uti- 
lued with a statewide focus and cooperative ef- 
fort; 

NOW, THEREFORE, by the authority vested in 
me as Governor by Art. Ill, Section 5(10) of the 
North Carolina Constitution and the laws of the 
State, IT IS HEREBY ORDERED: 

Section I. Policy. A statewide geographic in- 
formation coordination effort is hereby formal- 
ized for the purpose of furthering cooperation 
among State, federal, and local government 
agencies; academic institutions; and the private 
sector to improve the quality, access, cost effec- 
tiveness and utility of North Carolina's ge- 
ographic information and to promote geographic 
information as a strategic resource for the State. 

Section 2. Establishment of Coordinating 
Council. There is hereby established with the 
concurrence of the Information Technology 
Commission (hereinafter ITC) the Geographic 
Information Coordinating Council (hereinafter 
Coordinating Council) as a means of guiding the 
Center for Geographic Information and Analysis 
(hereinafter CGI A) and establishing the State's 



direction in the utilization of geographic infor- 
mation, GIS systems, and other related technol- 
ogies. The stated purposes of the Coordinating 
Council are (a) strategic planning (b) resolution 
of policy and technology issues (c) coordination, 
direction and oversight, and (d) advising the 
Governor, the legislature, and the ITC as to 
needed directions, responsibilities, and funding 
regarding geographic iioformation. 

Section 3. Transfer of the Center for Ge- 
ographic Information and /Vnalysis. The Center 
for Geographic Information and Analysis shall 
be transferred from the Department of Environ- 
ment, Health and Natural Resources to State 
Policy and Planning in the Oflice of the Gover- 
nor. The transfer shall be in the same manner 
as a Type I transfer as provided for in N.C.G.S. 
143A-6. 

Section 4. Center for Geographic Information 
and Analysis. Central service functions related 
to GIS coordination shall become the responsi- 
bility of the Center for Geographic Information 
and Ancdysis. These responsibilities are listed in 
the .March 5, 1991, report adopted by the Infor- 
mation fechnology Commission entitled "State- 
wide Coordination of Geographic Information 
Systems," pages 11-13. Typical responsibilities 
include: providing GIS production and consult- 
ing services; giving technical support including 
assistance in planning; installing and using GIS 
systems; providing a wide variety of GIS related 
training services and education programs in co- 
ordination with SIPS; serving as a clearing house 
for the exchange of GIS related information and 
services; and providing the staff support for the 
GIS Coordination Council. 

Section 5. Membership: The membership of 
the Coordinating Council shaU consist of 12 
members and shall be as follows: 

1) The Secretary of the Dep;u1ment of Envi- 
ronment, Health and Natural Resources; 

2) The Secretary of Transportation; 
■ 3) The Secretary of Admimstration; 

4) The Commissioner of Agriculture; 

5) The Superintendent of PubUc Instruction; 

6) The department head of an at-large GIS 
user agency to be appointed by the Gov- 
ernor; 

7) The State Budget Officer; 

8) The State Planning Officer; 

9) One representative elected annually from 
the State Government E-'ser Committee; 

10) One representative elected annually from 
the Affiliated User Group Committee; 



6:11 NORTH CAROLINA REGISTER September i, 1991 



678 



EXECUTIVE ORDERS 



11) One representative from Local Govern- 
ment to be appointed by the Governor; 
and 

12) The Director of SIPS who shall ser^e as 
a non-voting member. 

The Governor shall appoint a chair from among 
the membership to scr\'e for a one year period. 

The Director of CGIA shall provide staff sup- 
port as required. 

Section 6. Committees. The Coordinating 
Council may establish ad hoc work groups, as 
needed, and shall fonri the following standing 
committees: 

a) State Government GIS User Committee: 

Membership shall consist of represen- 
tatives from all interested state govern- 
ment departments. 1 he committee shall 
elect its chairman and advise the Coordi- 
nating Council on issues, problems, and 
opportunities relating to GIS. 

b) State Mapping .'\dvisor\' Committee 
(SM.AC): The pnmar,- thrust of the 
S.MAC shall be to consohdate statewide 
mapping requirements and to advise the 
Coordinating Council on issues, prob- 
lems, and opportunities rclatmg to U. S. 
Geological Sur\ey (L'SGS) programs and 
information. The Coordinating Council 
shall select a chair of the State .Mapping 
Advisory Committee (SM.AC). The 
Committee shall be organized and oper- 
ated in a manner acceptable to the 
L'SGS's National Mapping Division. 
\lembership shall not be limited. Voting 
eligibility shall not include federal agen- 
cies, but shall be otherwise determined by 
the Coordinating Council upon recom- 
mendation by the SMAC Chair. The 
State Geologist shall serve as a permanent 
ex officio member of the SMAC. The 
purpose of the SMAC shall be to consol- 
idate statewide mapping requirements into 
a single annual report to the LSGS; to 
infonn users of geographic information 
about the status of mapping programs and 
the availability of map materials from 
USGS; and to gain statewide support for 
financing cooperative programs with 
USGS. The Committee shall also advise 
the Coordinating Council on issues, 
problems, and opportunities relating to 
USGS programs and information. 

c) AlTiliated GIS I ser Ciroup Committee: 

Shall be comprised of representatives from 



local go\'emments, federal government, 
private industry, universities, and the 
General Assembly. The committee shall 
elect its chairman and advise the Coordi- 
nating Council on issues, problems, and 
opportunities relating to the use of GIS 
systems. 

Section 7. FlTccti\'e Date. This Order shall 
become eflecti\'e immediately and remain in ef- 
fect until Juii.' .'^O, 19Q5 or until rescinded. 

Done in the Capital City of Raleigh, this the 
30th day of July, 1991. 

EXECL ri\ F. OROER NLNriJER 148 

GO\ER\OR'S TASK FORCE ON IIEAI.TFI 

OBJECTI\ ES FOR THE YEAR 2000 

North Carolina is blessed with some of the fin- 
est medical facilities and medical care found any- 
where in the world. In spite of this, more than 
forty North Carolimans die prematurely each 
day, exactmg an enormous economic, social and 
personal toll upon our society. Tragically, most 
of these deaths are preventable by relatively sim- 
ple changes in individual lifestyle behavior. 

In order to provide to the citizens of our state 
a way to prevent this tragic loss of death and 
disability, a realistic plan needs to be developed 
that communities and individual citizens may use 
to improve their health status and avoid prema- 
ture deaths. Tliis plan must promote the ad- 
vantages of health promotion and disease 
prevention. 

THEREI'ORi;, by the authority vested in me 
as Governor by the Constitution and laws of 
North Carolina" IT IS ORDERED: 

Section 1. ESTADIISHMENT 

ITic Governor's Task Force on the Year 2000 
Health Objectives is hereby established. The 
Task Force shall consist of not more than 25 
persons appointed by the Governor to ser\e at 
the pleasure of the Governor. All vacancies shall 
be filled by the Go\cmor. The Governor shall 
dcsismate the Chairman. 



Section 



MF.MBFRSHIP 



The membership shall include representatives 
from the following: 

1. Department of Human Resources 

2. Department of Fn\iromnent, Health, and 
Natural Resources 



679 



6:11 [\()RTH CAROLINA REGISTER September i, 1991 



EXECUTIVE ORDERS 



3. Association of North Carolina Board of 
Health 

4. North Carolina Hospital Association 

5. North Carolina Medical Society 

6. North Carolina Academy of Family Phy- 
sician 

7. North Carolina Association of Local 
Health Directors 

8. The University of North Carolina School 
of Public Health 

9. North Carolina Citizens for Business and 
Industry 

10. Local Education 

11. North Carolina County Commissioners 
Association 

12. National Association for the Ad\ance- 
ment of Colored People 

13. North Carolina Minority Health Council 

14. Governor's Council on Physical Fitness 
and Health 

15. North Carolina Dental Society 

16. North Carolina Nurses' Association 

17. Old North State Medical Society 

There shall also be 8 Members-atT,arge. 
Section 3. FUNCTIONS 

A. The Task Force shall meet regularly at 
the call of the Chairman. 

B. The Task Force shall have the responsi- 
bility of developing and delivering to the 
Governor by September 1, 1992, a list of 
health objectives for the citizens of North 
Carolina designed to: 

1 . increase the span of healthy life of the 
citizens of North Carolina; 

2. remove health disparities among the 
disadvantaged; and 

3. emphasize preventive health services. 

C. These objectives must: 

1. be measurable; 

2. include measures to benefit our disad- 
vantaged populations; 



3. emphasize individual and community 
intervention; 

4. emphasize the value of health pro- 
motion and disease prevention to our 
society; and 

5. be obtainable by the year 2000. 

Section 4. ADMINISTRATION 

A. Administrative support for the Task Force 
shall be provided through a grant for the 
Reynolds Health Care Trust to be ad- 
ministered by the Department of Envi- 
ronment, Health, and Natural Resources. 
Additional support shall be provided by 
the Department of Environment, Health, 
and Natural Resources and by the De- 
partment of Human Resources. 

B. .Members of the Task Force shall be reim- 
bursed for necessary travel and subsistence 
expenses as authorized under General 
Statute 138-5 and 138-6. Funds for the 
reimbursement of such expenses shall be 
made available from funds authorized by 
the Department of Environment, Health, 
and Natural Resources. 

C. It shall be the responsibility of each cabinet 

department to make every reasonable ef- 
fort to cooperate with the Task Force in 
carrying out the provisions of this order. 

Section 5, IMPLEMENTATION AND DU- 
RATION 

This Executive Order shall become effective 
immediately and wiU expire upon completion 
and dehverv of the health objectives to the Gov- 
ernor. It is subject to reissuance or extension at 
the discretion of the Governor. 

Done in Raleigh, North Carolina, this 6th day 
of August, 1991. 



6:11 NORTH CAROLINA REGISTER September i, 1991 



6S0 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



[G.S. / 20-30. 9H, effecth'e July 16, 1986, requires that all letters and other documents issued by the 
Attorney General of the United States in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights Act of 1965 be published in the North Carolina 
Register. / 



U.S. Department of Justice 
Civil Rights Division 

.IRD:MAP:\l\lS:lrj 

DJ 166-012-3 Votins; Section 

91-1612 P.O. Box 66128 

Washington, D.C. 20035-6128 

July 24, 1991 

Robert C. Cogswell, Jr., Esq. 

City Attorney 

P. b. Box 1513 

Fayetteville, North Carolina 28302-1513 

Dear .\Ir. Cogswell: 

This refers to a delay in the 1991 municipal election for the City of FayetteviUe in Cumberland 
County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights 
Act of 1965, as amended, 42 L'.S.C. 1973c. We received your submission on May 28, 1991. 

The Attorney General does not interpose any objection to the specified change. However, we note 
that Section 5 expressly provides that the failure of the Attorney General to object does not bar sub- 
sequent litigation to enjoin the enforcement of the change. See the Procedures for the Administration 
of Section 5 (28 C.F.R. 51.41). 

Sincerely, 



John R. Dunne 

Assistant Attorney General 

Civil Rights Division 



By: 



Gerald W. Jones 

Chief Voting Section 



6SI 6:11 NORTH CAROLINA REGISTER September 3, 1991 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Rights Division 

JRD:LLT:JVJ:gmh 

DJ 166-012-3 Voting Section 

91-0524 P.O. Box 66128 

Washington, D.C. 20035-61 28 

August 19, 1991 

Michael CroweLl, Esq. 
Tharrington, Smith & Hargrove 
P. O. Box 1151 
Raleigh, North Carolina 27602 

Dear Mr. Crowell: 

This refers to a change in the method of election from five council members elected at large to four 
elected from two double-member districts and one elected at large; a districting plan; and the imple- 
mentation schedule therefor, for the Town of /\hoskie in Hertford County, North Carolina, submitted 
to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 
1973c. We received your final response to our April 29, 1991, request for additional information on 
June 18, 1991. 

The Attorney General does not interpose any objection to the specified changes. However, we 
note that Section 5 expressly provides that the failure of the Attorney General to object does not bar 
subsequent litigation to enjoin the enforcement of the changes. See the Procedures for the Adminis- 
tration of Section 5 (28 C.F.R. 51.41). 

Sincerely, 



John R. Dunne 

Assistant Attorney General 

Civil Rights Division 



By: 



Gerald W. Jones 
Chief, Voting Section 



6:11 NORTH CAROLINA REGISTER September i, 1991 6S2 



PROPOSED RULES 



TITLE 4 - DEPARTMENT OF ECONOMIC 
AND COMMLAITY DEVELOPMENT 



Statutory Authority G.S. 

54-109.21(25); 54-109.94; 54-/09.95. 



54-109.5; 



No 



otice is hereby gr\-en in accordance with G.S. 
I50B-12 that the .V. C. Dept. of Economic & 
Community Development. Credit Union Division 
intends to amend and repeal rule(s) cited as 4 
.\CAC6C .0101, .0/03. .02/0. .0302, .0311. .040/ 
- .0404 and ./30/. 

I he proposed effective date of this action is 
January- /, /992. 

1 he public hearing will be conducted at /0:00 
a.m. on October 3. /99/ at ///O .\'a\a/io Drhe, 
Suite 300. Raleioh. Sorth Carolina. 2'^609. 



Co 



omment Procedures: Any interested person 
may present his, her comments either in writing 
t/iree days prior to or at the hearing or orally at 
the hearing for a maximum of ten minutes. Any 
person may request information by writing or 
calling Mr. Stanley W. Brown. Jr.. Credit L nion 
Division. / / /O Xm'olio Drive. Suite 300. Raleigh. 
Xorth Carolina. 2^609, 9/9-S50-2929. 



CHAPTKR 6 - CREDIT LMON Dl\ ISION 

SL BCHAPTER 6C - CREDIT LMONS 

SECTION .0100 - GENERAL INFORMATION 

.0101 DEFINITIONS 

WTien used in this Chapter, the following words 
and phrases shall have the following meaning, 
except to the extent that any such word or phrase 
is specifically qualified by its context: 
(20) "Corporate Credit Union" is a credit un- 
ion with an institutional field of member- 
ship. afi4 only local credit unions aft4 
orgimii'ationc . Bf ar i oociationo e4^ crodit *»- 
ie«tT fway bocomo membtTS. 

Statutofy Authority G.S. 54-/09./ 2. 

.0103 I AXATION (REPEALED) 

Statuton- Authority G.S. 54-/09./; 54-/09.2 
(b)(5); 54-/09.22:' 54-/09.99. 

SECTION .0200 - ORGANIZATION OF CREDIT 
UNIONS 

.0210 OLT-OF-STATE CREDIT LNIONS 
(REPEALED) 



SECTION .0300 - BASIC INTERNAL CONTROLS: 
BOOKKEEPING PROCEDURES AND OPERA- 
TION STANDARDS ¥09. STATE-CHARTERED 
CREDIT UNIONS 

.0302 PROCEDURES 

Ihe basic internal controls, bookkeeping pro- 
cedures and operation standards for aU credit 
unions are as follows: 

(1) An adequate general ledger and detailed 
cash journal shall be maintained as necessar>' 
for the proper control of all transactions of 
the Credit Union. 

(2) A detailed and complete record of all cor- 
recting and adjusting entries, with a full ex- 
planation of each entr\', shall be maintained. 

(3) For m;inual and machine accounting sys- 
tems, all receipts and disbursements shall be 
recorded and posted daily to cash journal 
and subsidiary accounts. Systems using 
EDP shall be posted no less frequently than 
monthly. 

(4) Deposits in the bank shall consist of an 
entire day's receipts as entered in the journal 
and cash record. If amounts are less than 
three hundred doUars ($300.00), more than 
one day's total receipts may be combined in 
a single deposit provided that no funds are 
held more than three banking days. 

(5) Adequate security shall be provided (cash 
drawer and lockbox for overnight) for stor- 
age of funds. 

(6) Credit union funds must be kept separate 
from all other funds. 

(7) Cash shall be balanced at the end of each 
working day, and a record made thereof by 
each teller (detailing specie, currency, checks 
and other items counted as cash). 

(8) A "cash over and short" account shall be 
maintained in the expense ledger, with a re- 
cord showing the name of each person re- 
sponsible for each difierence. 

(9) A pre-numbered receipt slip or other ori- 
ginal record shall be made and preserved 
covering each payment received. 

(10) .-Ml bank accounts shall be reconciled at 
least monthly and such reconciliations pre- 
ser\'ed. 

(11) A duplicate of itemized bank deposit slips, 
or other comparable detailed item record, 
sh;ill be preserved. 

(12) The exact status of all the credit union's 
funds, including investments and or funds 
held by agents or attome\s, must be deter- 
minable at all times without detailed search. 



6Si 



6:11 AORTH CAROLliXA REGISTER September 3, 1991 



PROPOSED RULES 



(13) Checks must be pre-numbered by the 
printer and not signed in blank in advance 
of issue. Facsimile signature plates shall be 
adequately controlled. 

(14) Disbursements must be supported by in- 
voices, vouchers, or other explanations of 
record, each clearly showing the nature or 
purpose of each disbursement. 

(15) Dual control must be maintained over all 
negotiable investment securities. 

(16) Members' accounts shall be posted cur- 
rently and balanced not less frequently than 
monthly and supported by EDP listing or 
adding machine tapes, identified, dated, and 
preserved. 

(17) A trial balance of the general ledger should 
be prepared within 1 5 working days from the 

^ close of business of the last day of each 
month and fmancial statements prepared 
therefrom. 

(18) Erasures and eradications for correction 
of errors in records are prohibited; cor- 
rections must be approved by an authorized 
person. 

(19) Members' passbooks shall be held in the 
Credit Union office only for tcmporarv' pe- 
riods. 

(20) A signed membership card file covering 
all accounts shall be properly maintained. 

(21) Payment of di\idends or interest on ac- 
counts shall be accomplished by check or 
by credit to the individual account. Adding 
machine proof tape or other detailed record, 
in support of di\idend or interest paid by 
check or credited to accounts shall be pre- 
ser\'ed. 

(22) A cross-index card record should he 
maintained for each co-maker showing the 
date, name and original amount of each note 
on which the individual appears as co- 
maker. 

(23) Minutes of meetings of the Board of di- 
rectors shall record in detail all of its busi- 
ness transactions and be signed by the 
presiding officer and the secretary. Such di- 
rectors at such times as they are meeting as 
a board of directors, shall require the secre- 
tary of such board or some duly designated 
agent, to make a matter of record in the 
minutes of the meetings of such board of 
directors, all letter communications from the 
Division. 

(24) The supervisor^' committee shall have 
workpapers to support its audit report. The 
reports and workpapers shall be retained and 
made available for review by the state ex- 
aminers. 



(25) A report of actions taken by the credit 
committee and/or loan officers shall be pre- 
pared, signed and preserved. 

(26) Minutes of each annual meeting of the 
members of the Credit Union shall record in 
detail all business transacted. 

(27) /VU books and records of the Credit Union 
shall have adequate and proper protection 
from fire and other hazards at all times. 
Active books and records of the Credit Un- 
ion should be located at the principal office 
at all times. 

(28) Dormant accounts shall be controUed to 
prevent improper withdrawal. 

(29) /Vnnual vacations of at least five consec- 
utive working days (occasionally during pe- 
riods when proofs of subsidiary ledgers arc 
being made) shall be taken by each em- 
ployee having access to cash. During the 
vacation, the employees shall remain con- 
tinuously absent. 

(30) A record shall be maintained which wiU 
at all times show the tax and insurance sta- 
tus of each piece of real estate securing the 
Credit Union's investment of funds in real 
estate mortgage loans. 

(31) All tax liabilities shall be determined and 
paid in accordance with the law. 

(43^ A+i- audit guida t* pro' i idcd m th^ ae- 
counting mmuml fop Ae fiuponioors ' com 
mittoo'D tts* m e stuhlif . hing minimum 
standardc sshich muot be met ift porfonning 
aft audit ■ 

(^5-^ A copy t4 the ronults ef the annual audit 
will be forward e d te- the iVdminiotrator'o el^ 
6t?e within tW days ef rec e ipt by the Board 
©f directors. 

(44^ rVt least o' l or/ two years, each mombor's 
accc'unt h^ te- be verified: accounts closed 
since the k»t e.xamination afe i4s» t» be 
' ■ enfied. This procedure is t» be follo>s'ed 
unless the (Credit Union Administrator finds 
that a credit union ha* adequate internal 
control based upon recommendation ef a 
CI'i\ finn te- justify a modification »f verifi 
cation procedures ift keeping with sound ae- 
counling practices. A report »f tfeis 
' l orification i* t» be fonvarded te- the A4- 
ministrutor. 

Statutory Authority G.S. 54-/09./ / (4): 
34-/09./ 2; 54-/ 09./ 6; 54-/09./7. 

.031 1 SI RETV BOND .\ND INSLR.WCE 
COXF.RAGE 

(b) Ever>' state chartered credit union will 
maintain the minimum bond and insurance cov- 
erage as required by statute. No form of surety 



6: 1 1 NOR TH CAROLINA REGLS TER September 3, 1 991 



6S4 



PROPOSED RULES 



bond shall be used except as is appro\'ed by the 
Administrator. Credit Union Blanket Bond, 
Standard Form No. 23 of the Surety Association 
of .America, plus faithful performance rider, or 
NCUA Optional Form 581 or its equivalent, 
shall be considered the minimum co\erages re- 
quired and are hereby the approved forms. ITie 
appro\'ed bond forms in this Paragraph pro\'ide 
faithful performance coverage for all emploNces 
and officials. Oodit union - " . havL * »+n? option tvf 
only providing faithful pt ' rtonnanc e e+ tRi -. t t*H^ 
e rag e fo* tl» chief fmancial officor (trgaouror 
and or managor) olectod. appointed, e* d e- jig 
natod W A# Board h4 diroctorL i . The fmancial 
officer is the indi\idual charged with the respon- 
sibilities of the financial officer as set forth in 
.Article X. Section 5 and or 6. of the Credit Un- 
ion's (Standard) Byla\\s. Fidelity bonds must 
provide coverage for the fraud and dishonesty of 
all employees, directors, otTicials, and supenisory 
and credit committee members. Other forms, or 
changes in the amount of bond coverage, must 
be appro\ed by the .Administrator. 

Statuton Authority G.S. 54-109.1 1 ( 5 >: 
54-109.12; 54-109.44(2). 

SECTION .0400 - LOANS 

.0401 DFMNQLENT LO.ANS: LOAN LOSSES 

(b) .Allowance for Loan Losses. 

(1) Each credit union shall establish and 

maintain such reser.es as may be required 

h\ the .Act or by regulation, or in special 

cases by the Administrator. .AH Credit 

Unions having ancoto ef $500.1100 m- more, 

a*. »f DL ' combL'r tS4 ef ffe* prjviouc i vijar. 

unk 'i'- ' . othor - ' i i ' . ' ij appro ' ■ ed hy At» jVdmin 

i j. traior. shall establish an .Allowance for 

Loan Losses Account. aft4 follow A<? 

accounting prQcoduri.' ' j w?* forth m At? 

'i landbook *h4 rVccountinj Manual fof 

StatL' Chartorod (T e <.lit I nic^n -. " ttft4 \^ 

add e ndum^ therolo. The .Allowance for 

Loan Losses .Account is not an addition 

to but a part of the Regular Resene as 

required by statute. 

(-e+ Spi. - ciLil R.. ' "i-T i \' t+*f DL ' HnquL'nt I oanr . . AH- 

credit uniom . hasmg aL . bt ' ti . t+f It^t* than S 5 00. 000 

tfeit- choooe Het- te- comply with Paragraph f^ 

t4~ t44-. Ruk'. ift addition k* t4+t» R( .' gulur StatutoP i 

Ro '. or i O tt+e iXdmini '. trator ■■ hall r^ ' quiro r . uch 

regular rooop i o W oupplomentod ^ a cpecial pe- 

noP i L' te l*e known a-, a Spt ' cial Re '. L ' n e ft»f i^e- 

Unqu t^ nt Loanr . v . ht ' n tbe Statutor> Ro '. l'P i O '» 

inad e quate; t+^ covor potontial leaf* loor . OL . . 



Statutory^ .Authority G.S. 54-109.12; 54-109.17; 
54-109.86; 54-109.87. 

.0402 CHARGE-OFF OF UNCOLLECTIBLE 
LOANS 

(c) Aft¥ loano »«■ which »& paym e nts have boon 
r e c e ived fef a period ef 4-3 inonlhr . , .Any loans 
delinquent 12 months or more, unless there are 
justilied extenuatmg circumstances will be 
charged off in accordance with Paragraph (a) of 
this Rule. 

Statutory Authority G.S. 54-109.12; 54-109.17. 

.0403 REAL ESTATE LO.ANS 

(a) Loan Limitations. Unlocs othonvico pro 
sided » A# bykiwf . . No more than 30 percent of 
the total dollar amount of shares and deposits 
shall be made in fixed rate real estate loans with 
a remaining maturity of more than seven years 
\\ ithout the permission of the Administrator. 

Statutory .Authority G.S. 54-109.12; 54-109.18; 
54-109.21(25). 

.0404 LINE OF CREDIT LOANS 

(b) Resen,-es. .A credit union shall maintain for 
a period of one month, beginning on the seventh 
day of each month, a resen.e, which shall consist 
of cash on hand or legal in\estments that mature 
in one year or less, in an amount not less than 
five percent of the aggregate unused portion of its 
Une of credit loans determined as of the close of 
the pre\ious month. Not more than 20 percent 
of the required rescn.e shall be in direct L'nited 
States Government obligations. Lhe Credit Un- 
ion shall keep current records of the aggregate 
unused portion of its line of credit loans and re- 
ser\es, and the .Administrator may require peri- 
odic or special reports based on these records. 
IhiL i ro ' jOP i O r e quir e m e nt do e- : . fte4- apply te- tho i r . o 
credit unions ' i vith assets ef $2,000,000 e* more 
aft4 subject te Ae ^ percent liquidity r e s e r i ' e fe- 
quirement. 

Statutory Authority G.S. 54-109.12. 

SECTION .1300 - RESERVES 

.1301 LIQIIDITV RESERVES 

(c) The liquidity base shall consist of cash, ift- 
' . estments ift ICU s. shares and deposits in the 
National Credit Lnion .Administration Central 
Liquidity Facility, aft4 the North Carolina 
Savings Guaranty Corporation and investments 
with a maturity of less than one vear as author- 
ized under G.S. 54-109. S2(3)(4)f5)(q)( 10) and 
(12) of the North Carolina Credit L'nion laws. 
GoNcmment securities with a maturitv of more 



6S5 



6:11 NORTH CAROLL\.4 REGISTER September 3, 1991 



PROPOSED RULES 



than one year may be included provided securi- 
ties are carried at the lower of cost or market and 
adjusted monthly on a consistent basis. Docu- 
mentary evidence must be kept on file supporting 
the adjustments for a period of 18 months. 

(e) The liquidity reserve can only be used to 
satisfy contractual line of credit agreements, share 
and deposit withdrawals. In the event the 
liquidity reserve falls below the required amount 
the Credit Union must immediately notify the 
Administrator of Credit Unions. The Credit 
Union will ha\c 60 days to replenish the liquidity 
reserve, if tb*» Crijdit Union i« unablo te- replon 
isl* the liquidity rcooP i 't * within th* 60 day period, 
HO- now loan ' ; , may be mado until the liquidity 
rLV . oP i 'L' i^ rL'plL'nitihL'd te- t4+e requ i red amount 
(unleoi' i aft- exten '. iun ef exception i* approved by 
the AdminiLitrutor). 

Statutory Authority G.S. 54-109.12: 

54- 1 09.86(c). 

11 ILK 7 - DKPAR IMENT OF CULTURAL 
RESOURCES 



No 



otice is hereby given in accordance with G.S. 
J50B-J2 that the Cultural Resources/ State Li- 
brary intends to amend rule(s) cited as 7 NCAC 
2E .0202. 

1 he proposed effective date of this action is 
January I, 1992. 

1 he public hearing will be conducted at 9:00 
a.m. on October S, 1991 at the State Libraty 
Building/ State Archives, Room 26, 109 E. Jones 
Street, Raleigh, N.C. 



Co 



omment Procedures: Written comments to 
Mr. Howard McGinn, Director, Division of the 
State Library. 109 E. Jones St., Raleigh, N.C. 
27601, no later than 5:00 p.m., October 4, 1991. 

CHAP! KR 2 - Dl\ ISION OF STATE LIBR.ARY 

SUBCHAPTER 2E - LIBRARY DEVELOP.MENT 
SERVICES 

SECTION .0200 - ORGAMZA HON OF 
REGIONAL LIBRARIES 

.0202 BOARD OF TRLSTEES 

(a) The board of trustees is the governing body 
of a regional library. It is composed of not more 
than \2 j_5 members. Each county must have 
representation on the board in proportions de- 
termined equitable by all participating counties. 



Regional board members are appointed from 
members of local boards where they exist. 

(b) Terms of officers and members are to be 
limited and staggered to assure continuity as well 
as change. No individual member will be ap- 
pointed to more than two consecutive terms, and 
no single term shaU be longer than six years. 

(c) Any trustee missing three consecutive board 
meetings is considered to have resigned and wiU 
be replaced. 

Statutory Authority G.S. 125-2: I43B-I0. 

TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 



ly otice is hereby given in accordance with G.S. 
I50B-I2 that the Division of Services for the Blind 
intends to amend rule(s) cited as 10 NCAC 19F 
,0/04, .0402. .0504: and repeal rule(s) cited as 
10 NCAC I9F .0108, .0508. 

J he proposed effective date of this action is 
January J. 1992. 

1 he public hearing will be conducted at 10:00 
a.m. on October 5, 1991 at the Division of Services 
for the Blind, Fisher Building, Conference Room, 
309 Ashe Avenue. Raleigh. N.C. 27606. 



Co 



omment Procedures: Any interested person 
may present his; her comments either in writing 
three days prior to or at the hearing or orally at 
the hearing for a maximum of ten minutes. Any 
person may request information by writing or 
calling Mr. Herman Gruber, Designee, Division 
of Services for the Blind, 309 Ashe Avenue, 
Raleigh, N.C. 27606 (919) 733-9822. 

CHAPTER 19 - SERVICES FOR THE BLIND 

SUBCHAPTER 19F - INDEPENDENT LIVING 
SERVICES 

SECTION .0100 - ELIGIBILITY FOR SERVICES 

.0104 BASIC ELIGIBILITY CRITERIA 

(a) In addition to the requirements of 10 
NCAC 35D .0300, where applicable, an individ- 
ual must be determined eligible to receive services 
under the Social Services Block Grant (Title XX) 
on the basis of: 

(-14 income maintenance status; 
{¥f income eligible status; 
(4) nood without regard te- income fof aW- &if- 
vices. except Chor e Ser' i icos aft4 Housing 
aft4 Home Improvomont SeP i 'icoo. 



6:11 NORTH CAROLINA REGISTER September 5, 1991 



686 



PROPOSED RULES 



( 1) need, with re>;ard to income for In-Home 
Aide Senices; 

(2) need without regard to income lor all other 
services. 

(b) lor purposes of dctcrmuung and redeter- 
mining eligibility for di\ision sen'ices provided 
for in this Subchapter, the rules in Subchapters 
10 NCAC 35D and 35E shaU apply. 

(c) Indi\'iduals arc eligible for these scr\ices at 
the following income levels: 

(1) Adjustment services are pro\'ided without 
regard to income; 

(2) In- Home Aide Senices: Chore Sen'ices for 

the Blind are provided to individuals 
whose monthly gross family income dooo 
H«4 excoud IS less than 100 percent of the 
state's established income. 

Statutoty Authoriiv G.S. 111-28: 143D-I57: 42 
L.S.C. '1397. 

.0108 FEES FOR SERVICES (REPEALED) 

Statutory' Authority G.S. I43B-157; 42 U.S.C. 
1395. 

SECriON .0400 - GO.\LS .\M) SERVICES 

.0402 SERMCES 

The following senices are admini 'i tL'rL ' d oxclu 
L p isx'ly provided by senices for the blind under 
this Section: 
(1) ChorL ' SoniccVi fe t4*t* Rlind. Thi '. mi.'anr . 
At^ pertommnoo »f tQ ' jk ' j incidfiitcd t«- ife«* 
uctis iti^.": . t4 dully li' i ing i i v hc'ro t4- Vr demon 
'' trill L ' d t4wt- At* indisiduul (b e cuu - j e »f vi -. ual 
di '. iibilitio ' : . »f multi di ' jubilitio ' j) » unabk' te- 
p e rlonn i . uch tuLlci ' fof him ' / ' oLf »ft4 ' t ' l herc ro 
ro ' / . pon 'i iblc' por '^ on » available fs* tl+i^ pur 
po -'t^ . Ihiji f i enic e may W pro' . ided m con 
junction \\'\\\i A<? prosi 'i ion e4 training » 
L ' Olf help f . kill i L . rtft4 w41- b«» usailablo only 
until i . uch tiniL' a^ A<? indi' i idual \^ aW^ t© 
p e rlonn e-.-ie ntial tu ' jk ' j indjpL ' ndontly: SieF- 
vici?C i may h^ provided eft » long tenn bar . if . 
if di '. abilitiL"; . other than blindno '.' : . prevent 
(-ht» null' , ulual trom peilorming ' aich ta ii ki . . 
In- Home .Aide Senices: Chore Senices for 
the Blind: Personal Care Senices for the 
Blind. In-Home Aide Senices are those 



paraprt)tessKinal 



which assist the 



individual and or familv with essential hc^me 
management and or perscmal care tasks 
and or supenision necessan' to enable the 
individual and c^r family to remain and 
function elTectivelv, at home as long as pos- 
sible. 



(2) Adjustment Sen'ices for the Blind and Vis- 
ually Handicapped. These are sen'ices pro- 
vided m any combination as needed and 
appropriate to enable bhnd and visually 
handicapped individuals to attain and/or 
maintain the highest level of functioning 
possible, to promote their well-being, and to 
prevent or reduce dependency. This is 
achieved through a focused regimen of 
counseling and casework assistance to indi- 
viduals and their families to help individuals 
choose, obtain, and use needed resources, 
senices, and mechanisms of support and to 
enable individuals to obtain basic education. 
Within the context of integral but subordi- 
nate to this essential sen'ice function, one 
or more of the following sen'ice components 
or resource items may be provided: 

(a) Assistance with the demands of daily living 
may be provided through training in 
grooming skills, manipulative skiUs such 
as household mechanics, personal skills, 
and money identification and manage- 
ment, and communication skills such as 
braille, typing, and operation of reading 
rriachines; 

(b) The tcachinc of orientation and mobility 
skills; 

(c) Therapeutic experiences aimed at helping 
the individual to adjust to and accept his 
visual limitations through camping expe- 
riences, recreational programs, adjustment 
training at rehabilitation centers, and in- 
dividual and group counseling sessions or 
psychiatnc therapy; 

(d) Transportation, when not othenvise 
available, may be provided within a city 
limits at the cost of bus fare, or taxi fare 
if bus is not available. If outside city 
limits transportation may be pro\'ided at 
the current rate as established by G.S. 
138-6. 

(e) The following senices, items may be pro- 
vided: reader sen'ices, tutorial sen'ices. 
Interpreter sen'ices for the deaf blind, 
braUle and large print production, low vi- 
sion optical aids, travel aids and devices, 
diagnostic examinations, tapes, commu- 
nity sponsored recreational activities, sup- 
plies and tuition to enable an individual 
to attend technical institutes or commu- 
nity colleges for the purpose of gaining 
basic education, and equipment, such as 
typewriters, reading macliines, talking cal- 
culators. 

(3) limployment and Iraining Support Ser- 
vices. These senices are provided as part 
of an individual senicc plan to enable indi- 



6S7 



6:11 NORTH CAROLINA REGISTER September 3, 1991 



PROPOSED RULES 



viduals to secure paid employment or train- 
ing leading to employment, including basic 
education and continuing education. Also 
included are transportation as needed, tui- 
tion, supplies, and rental or purchase of 
books when needed to assist in meeting 
usual expenses of vocational training, basic 
education, or continuing education in public 
or private technical institutes or community 
coUcges. 

(4) Individual and Family y\djustment Services. 
These services are designed to offer assist- 
ance to individuals and their family members 
to restructure and support the client's envi- 
ronment. Activities include counseling to 
enable the client to recognize, understand, 
and cope with problems in regard to such 
areas as household management, consumer 
affairs, family life education, alcoholism, 
drug addiction, mental retardation, emo- 
tional disturbance, and school related prob- 
lems. 

(5) Health Support Services. These services 
provide help to individuals and families to 
recognize health needs including those re- 
lated to alcohol and drug abuse and to se- 
cure needed health services available under 
medicaid, (including the oarly afi4 poriodio 
ocrooning. diagnosif f aft4 treatment program), 
medicare, maternal and child health pro- 
grams or other agency health ser\ices pro- 
grams and from other public or private 
agencies or providers of health ser\'ices; 
counseling and planning, as appropriate, 
with individuals, families, and health pro- 
viders to help assure continuity of treatment 
and the carrying out of health recommen- 
dations; and helping individuals to secure 
admission to medical institutions and other 
health-related facihties as needed. Trans- 
portation, when not otherwise available, 
may be provided as necessary to access 
needed medical and health care resources. 

(6) Housing and Home Improvement Services. 
These services provide assistance to individ- 
uals and families in obtaining and retaining 
adequate housing and basic furnishings. 
Services include helping to improve 
landlord-tenant relations, to identify sub- 
standard housing, to secure correction of 
housing code violations, to obtain or retain 
ownership of own home, and to fmd and 
relocate to more suitable housing. The 
provision of labor and materials for minor 
renovations and repairs to owner-occupied 
dwellings to remedy conditions which are a 
risk to personal health and safety may be 



included as an optional part of this service. 
Basic appliances, such as stove, refrigerator, 
or heater when this is not the responsibility 
of the landlord and the individual lacks these 
essentials to prepare food or is without heat, 
may be provided with approval of the re- 
gional director. 

(7) Information and Referral. This means 
giving information about services provided 
under the state's social services program and 
other service programs, both public and pri- 
vate: brief assessment to determine the most 
appropriate resource to meet the stated 
needs of the person requesting services; and 
referral to and follow-up with those com- 
munity resources which provide or make 
a\ai!able such services. Outreach activities 
are not included nor is soliciting recipients 
for service an activity which is included 
within the scope of information and referral. 

(8) The foUowing services will be mandated in 
all parts of the state; the responsibihty for 
the provision of these services rests with the 
division of services for the blind: 

(a) chor e sor^io e s fef tfee blind, In-Home Aide 

Services, 

(b) adjustment services for the bliad and vis- 
ually handicapped. 

Statutoiy Authority G.S. 111-28; I43B-I0. 
SECTION .0500 - DELIVERY OF SERVICES 

.0504 IN-HOME AIDE SERVICES CONTRACT 

Chor e cer i ic e In-Home Aide Services: I evel I 
contract is completed by the client and provider 
and shows specific types of services to provide 
up to one hundred hours of service per month 
at the state minimum wage or prevailing county 
wage. 

Statutory Authority G.S. 111-28; I43B-I57. 

.0508 REFERRAL FOR TRAINING IN SELF- 
HELP SKILLS AND TECIINIQLES 
(REPEALED) 

Statutoiy Authority G.S. III-2S; 143B-I57. 

'k'k'k'k-k^'k'k'k'k'ic-k-k-k'k-k'k'k 



No 



otice is hereby gi\-en in accordance with G.S. 
I SOB- 1 2 that the Department of Human 
Resources/ Division of Medical Assistance intends 
to repeal rule(s) cited as 10 SCAC 50C .0201 - 
.0203. 



6:11 ^ORTH CAROLINA REGISTER September 3, 1991 



6S<S 



PROPOSED RULES 



1 he proposed effective date of this action is 
January 1 , 1992. 

1 he public hearing will be conducted at 1:30 
p.m. on October 3, 1991 at the North Carolina 
Division of Medical Assistance, 1985 L'mstead 
Dri\-e. Room 201. Raleigh, N.C. 27603. 

K^omment Procedures: Written comments con- 
cerning these repeals must be submitted by Octo- 
ber 3, 1991. to: Division of Medical Assistance, 
1985 L'mstead Drive. Raleigh, North Carolina 
2^603, ATTN.: Bill Hottel, APA Coordinator. 
Oral comments may be presented at the hearing. 

CHAPTER 50 - MEDICAL ASSISTANCE 

SUBCHAPTER 50C - BENEFITS 

SECTION .0200 - MEDICAID SERMCES USED 
CARD 

.0201 MEDICAID SERMCES USED CARD 

(REPEALED) 
.0202 ISSUANCE (REPE.\LED) 
.0203 REPLACEMENT CARDS (REPEALED) 

Statutory Authority G.S. 10SA-25(b). 



Jyotice is hereby given in accordance with G.S. 
150B-I2 that the North Carolina Department of 
Human Resources, Division of Economic Oppor- 
tunity intends to amend rulefs) cited as 10 NCAC 
51C .0108. 

1 he proposed effective date of this action is 
January 1, 1992. 

1 he public hearing will be conducted at 10:00 
a.m. on October 3. 1991 at the Division of Eco- 
nomic Opportunity, 2413 Crabtree Boulexard, 
Suite 119, Raleigh, NC 27607. 

(_ onunent Procedures: Comments may be sub- 
mitted in writing or may be presented orally at the 
public hearing. Oral presentations which exceed 
three minutes are requested to have a written copy 
to he filed with the hearing clerk. Further details 
of the proposed ndes may be obtained by writing 
or calling: Ms. Edith .4. Hubbard, Director. Di- 
vision of Economic Opportunity, 2413 Crabtree 
Bhd.. State 119. Raleigh, NC 27604. Phone No. 
(919) 733-2633. 



H/ditor's Note: This Rule has been filed as a 
temporary amendment effective August 1, 1991 
for a period of 180 days to expire on January 28, 
1992. 

CHAPTER 51 - DIVISION OF ECONOMIC 
OPPORTUNITY 

SUBCHAPTER 51C - COMMUNITY SERMCES 
BLOCK GRANT PROGR.\M 

SECTION .0100 - GENERAL PROMSIONS 

.0108 ALLOCATION OF CSBG FUNDS 

(a) Funds allocated to North Carolina under 
the CSBG Program will be used in Federal Fiscal 
Year 1989 and in each subsequent federal fiscal 
year as follows: 

(1) Ninety percent of the funds to make grants 
to those eligible grant recipients as defmed 
in Rule .0106 (a) of this Section which are 
re-certified as eligible agencies each fiscal 
year by the Di\ision. The amount of the 
funds allocated to each eligible grant re- 
cipient shall be based on the following 
method of distribution: 

(A) Funds shall be allocated based on the 
ratio (percentage) of persons in poverty in 
the county (counties) served by the eligi- 
ble agency compared to the number of 
persons in poverty in the total area 
(counties) served by all eligible agencies. 

(B) However, no eligible agency shall re- 
ceive less than: 

(i) An allocation of one hundred twenty 
thousand dollars ($120,000), or 

(li) Eighty percent of the eligible agency's 
Federal Fiscal \'ear 1982 allocation, 
whichever is higher. 

( 2) Five percent of the funds will be used by 
the Division for administration of the 
CBSG program. 

(3) The remaining five percent of the funds to 
make grants in Federal Fiscal \'ear 1989 
and in each subsequent federal fiscal year 
to those limited purpose agencies as de- 
fmed in Rule .0104 of this Section and 
which are re-certified as eligible agencies 
each fiscal year by the Division. The Di- 
vision shall aOot to each eligible Limited 
Purpose Agency an amount of funds 
based on the percentage of the total 
CSBG funds the eligible agency received 
of those funds reserved for the limited 
purpose agencies and the North Carolina 
Commission of Indian Affairs in federal 
fiscal year 1986. 



6S9 



6:11 \ORTH CAROLINA REGISTER September 3, 1 99 1 



PROPOSED RULES 



(b) Beginning with federal fiscal year 1988 and 
effective for all subsequent fiscal years, eligible 
agencies wiU not be allowed to carr>' forward 
unearned funds at the end of a grant agreement 
to the succeeding grant agreement. AU unobli- 
gated funds must be returned to the Division 
within 60 days after the termination of the grant 
agreement. 

(c) Supplemental CSBG Grants. The preced- 
ing paragraphs of this Rule do not apply to the 
allocation of supplemental CSBG grants to 
North Carolina. Such allocations to eligible ap- 
phcants for eUgiblc activities will be made by the 
Division in a manner not inconsistent with fed- 
eral guidelines and conditions on supplemental 
appropriations. The Division has the flexibility 
to determine the number of grants awarded and 
the manner in which grantee(s) are selected based 
upon the amount of the allocation and the intent 
of the applicable legislation and regulations. 

(d) .Any unexpended allotment of CSBG funds 
from pre\ious years grants shall be allocated to 
each ehpble CSBG grant recipient for the fol- 
lowing purposes: 

( 1 ) to assist in the implementation of special 
statewide initiatives, and 

(2) for one-time expenditures to enhance local 
programs. 

Ninety percent of these funds will be distnbuted 
to Community Action Agencies based on the 
ratio of persons in poverty in the county or 
counties served by the Community Acticm 
Agency compared to the number of persons in 
poverty in the total area served by all eligible 
Community Action Agencies. Ten percent of 
these funds will be distnbuted to those 1 imited 
Purpose Agencies as delined in Rule .01(14 of this 
Section on an equal basis. 

Authority G.S. 1 43-3 23(d): I43B-I0; I43B-227; 
I43B-276: 42 U.S.C. 9901-12. 

TITLE I5A - DEPARTMENT OF 

ENA IRONMENT, HEAl TH, AND 

NATURAL RESOURCES 



Jyotice is hereby given in accordance with G.S. 
I50B-1 2 that the A'.C. Marine Fisheries Commis- 
sion intends to amend rule(s) cited as ISA NCAC 
3J .0104: 3K .0/05: 3.^1 .0503 - .0504, .0507. 

1 he proposed effective date of this action is 
February I. 1992. 

1 he public hearing will be conducted at 7:00 
p.m. on the following dates and places: 



November 4^ 1991 

New Hanover County Courthouse 

Room 302 

Wilmington, N.C. 

November s. J 99/ 

Carteret Community College 

Joslyn Hall 

Morehead City, N.C. 

November 6, 199/ 

Beaufort County Courthouse 

District Courtroom 

Washington, N.C. 

November /\ /99/ 
A C A quarium 
Manteo, N.C. 

MFC Business Session will be November 8, 199/, 
at 8:30 a.m. at the Kona Kai, Hwy. /2, Avon, 
N.C. 



Co 



omment Procedures: Comments and state- 
ments, both written and oral, may be presented at 
the hearings. Written comments are encouraged 
and may be submitted to the Marine Fisheries 
Commission, PO Box 769, Morehead City, NC 
2S5S7. These written and oral comments must 
be received no later than 8:30 a.m., November 8, 
1991. 

CHAPTER 3 - MARINE FISHERIES 

SUBCHAPTER 3J - NETS, POTS, DREDGES, 
AND OTHER FISHING DEVICES 

SECTION .0100 - NET RULES, GENERAL 

.0104 TRAWL NETS 

(a) It is unlawful to use trawl nets for the taking 
of finfish in internal waters, except that it shall 
be permissible to take or possess finfish incidental 
to crab or shrimp trawling in accordance with the 
following limitations: 



(1) 



(2) 



(b) 
(1) 
(2) 



It is unlawful to possess aboard a vessel 
while using a trawl in internal waters more 
than 1,000 pounds of finfish except 
flounder of legal si^.e may be taken and 
possessed without limit in quantity in 
internal waters while engaged in crab 
trawling. 

The Fisheries Director may, by procla- 
mation, close any area to traw^ling for 
specific time periods in order to secure 
compliance of this Rule. 
It is unlawful to use trawl nets: 
For the taking of oysters; 
In /Vlbemarle Sound and its tributaries; 



6; / / NOR TH CAROLINA REGIS TER September i, 1 991 



690 



PROPOSED RULES 



(3) In that area of Shackleford Banks as de- 
scnbcd m 1 5A NCAC 3R .0006. 

(c) Minimum mesh sizes for shrimp and crab 
trawls are presented in 15A NCAC 3L .0103 and 
.0202. 

(d) The Fisheries Director may, with prior 
consent o}. lll£ Marine 1 ishenes Commission, bv 
proclamation. spccif\ trawl net dcsim to reduce 
the catch of tintish that do not meet size Umits 
or are unmarketable as mdu'idual foodfish bv 
reason of size. 



Staiutofj Authority 
113-221'; I43B-289.4. 



G.S. 113-134: II3-IS2; 



SI BCIIAPTER 3K - OUSTERS, CLAMS, 
SCALLOPS A\D MLSSELS 

SECTION .0100 - SHELLFISH, GENERAL 

.0105 NON-COMMERCL\L HARVEST OF 
SHELLFISH 

(a) It is unlawful for indi\iduals claiming ex- 
emption from the oyster, clam and scallop license 
required by G.S. 113-154. by reason of non- 
commercial han'est, to take more than: 

(1) One bushel of oysters per person per day, 
not to exceed two bushels per vessel per 
day; 

(2) One hundred clams per person per day, 
not to exceed t\\ o hundred clams per \-es- 
sel per da\ ; and 

(3) One-haff bushel of scallops per person per 
day, not to exceed one bushel per vessel 
per day. 

(b) A vessel license, as required by G.S. 
1 13-152 for the use of commercial fishin? equip- 
ment as defmed m 15A NC.A.C 31 .000Ub)(l) is 
not required for the non-commercial hardest of 
sheUfish in accordance with limits in Paragraph 
(a) of this Rule. 

(c) 1* i* unla^i i ful te tekt» oyntors. clams, ef 
scallopo ft*f non oommcroial purpof 'e s at- aftv 
timj excopt: 

f44 During r e gular op t^ n st'aoonfi: aft4 
f3> Oysters and clams may abe- be taken on 
Sundays and scallops may ak^v be taken on Sat- 
urdays and Sundays: 

( 1 ) dunng r e gular open seasons, and 

(2) in accordance with limits outlined in Par- 
agraph (a) of this Rule with or without 
license. 

Statuton- Authority G.S. 113-134; 113-152; 
113-154; 1I3-IS2: J43B-2S9.4. 

SUBCHAPTER 3M - FINFISH 
SECTION .0500 - OTHER FINFISH 



.0503 FLOUNDER 

(a) It is unlawful to possess flounder less than 
13 inches in length. 

(b) The Fisheries Director may, by proclama- 
tion: 

( 1) establish fishing gear specifications for 
trawls used within three nautical miles of 
the beach from October 1 through April 
30 in order to protect small flounder, and 
close and open the season in the /Vtlantic 
Ocean to the taking of tlounder with re- 
gard to quota manaaement m accordance 
with the \lid-.-\tlantic Fishenes .Manaae- 
ment ("ounal Fishery Management Plan 
tor the Summer Flounder Fisher\ . 



ill 



It is unlawful to violate the pro\isions of any 
proclamation issued under this authority. 



Statutory Authority G.S. 
113-221; I43B-289.4. 



113-134: 113-182; 



.0504 TROLT 

(a) Spotted seatrout (speckled trout). It is un- 
lawful to possess spotted seatrout ( ■ . . pecldod 
trout) less than 12 inches in length. 

lb) W'eakfish fgrav trout). The Fisheries Di- 
rector maw bv proclamation, impose anv or all 
of the following restnctions on the taking of 
weakiish: 

( 1 ) Specify areas. 

(2) Specify seasons. 

(3) Specify quantity. 

(4) Specify means methods. 

(5) Specify size, but not greater than 12 
inches. 



Statutory- .Authority 
143B-289.4. 



G.S. 113-134; 113-182; 



.0507 HOOK-AND-LINE FISHING RESTRICTED 

The Fisheries Director may, by proclamation, 
establish size and han'est limit restrictions for the 
following species taken by hook-and-line: 

(1) Blue marlin; 

(2) White marlm; 

(3) Saibish; 

(4) Cobia; 

(5) Dolplun; 

(6) Bluefish: 

(7) Spotted seatrout; 
1^ W e akfi -. h: aft4 
[S] f% Tunas; 

(9) Flounder. 

Statutory Authority G.S. 
113-221': I43B-289J. 



113-134: 113-182; 



691 



6: 1 1 NOR TH CAROLINA REGIS TER September 3, 1 991 



PROPOSED RULES 



****************** 



ly otice is hereby given in accordance with G.S. 
I50B-12 thai the North Carolina Wildlife Re- 
sources Commission intends to repeal rule(s) 
cited as ISA MCAC JOB .0104; and amend 
rulc(s) cited as ISA NCAC /OF .0323, .0339, 
.0342. 

1 he proposed effective date of this action is 
January I, 1992. 

1 he public hearing will be conducted at 10:00 
a.m. on October 3, 1991 at Room 3S6, Archdale 
Building, 512 N. Salisbury Street, Raleigh. NC 
27604-1188. 

(„- omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from 
September 19, 1991 to October IS, 1991. Such 
written comments must be delivered or mailed to 
the N.C. Wildlife Resources Commission, 512 N. 
Salisbury Street, Raleigh. \'C 27604-1 1 88. 

CMAPTF.R 10-\Ml.DI.II E RESOl RCF.S AND 
WAIKR SAl KT^ 

SUBCHAPTER lOB - MIMING AND 
IRAPPING 

SECTION .0100 - GENERAL REGULATIONS 

.0104 HUNTING AND TRAPPING IN 
\ ICINITY OK FLOOD OR FIRE 
(REPEALED) 

Statutory Authority G.S. 113-134; 1 13-291.2. 

SUBCHAPTER lOF - MOTORBOATS AND 
WATER SAFETY 

SECTION .0300 - LOCAL WATER SAFETY 
REGUUATIONS 

.0323 BURKE COUNTY 

(a) Regulated ^Vreas. This Rule applies only 
to the following lakes or portions of lakes which 
lie within the boundaries of Burke County: 

(1) Lake Hickory; 

(2) lake James; 

(3) Lake Rhodhiss. 

(b) Speed Limit Near Ramps. No person shall 
operate a vessel at greater than no-wake speed 
within 50 yards of any public boat launcliing 
ramp while on the regulated areas described in 
Paragraph (a) of this Rule or within 50 yards of 



any designated private boat launching ramp 
around the Holiday Shores Subdivision on l,ake 
James. 



(c) Speed Limit in Mooring Areas. No person 
shall operate a vessel at greater than no-wake 
speed while within a marked mooring area es- 
tablished with the approval of the Executive Di- 
rector, or his representative, on the regulated 
areas described in Paragraph (a) of this Rule. 

(d) Restricted Swimming Areas. No person 
operating or responsible for the operation of a 
vessel shall permit it to enter any marked public 
swimming area established with the approval of 
the Executive Director, or his representative, on 
the regulated areas described in Paragraph (a) of 
this Rule including the area within 50 yards of 
any designated pn\ate boat dock around the 
1 lolidav Shores Subdivision on 1 ake James. 

(e) Placement and Maintenance of .Markers. 
The Board of Commissioners of Burke County 
is designated a suitable agency for placement and 
maintenance of the markers implementing this 
Rule, subject to the approval of the United States 
Coast Guard and the United States .'Vrmy Corps 
of Engineers, if applicable. With regard to 
marking the regulated areas described in Para- 
graph (a) of this Rule, all of the supplementary 
standards listed in Rule .0301(g) of this Section 
shall apply. 

Statuton- Authority G.S. 75A-3; 75A-IS. 

.0339 MCDOWELL COUNTY 

(a) Regulated Areas. This Rule applies to the 
following waters located on Lake James in 
McDowell County: 

(1) that area adjacent to the shoreline of the 
McDowell Wildlife Club property; 

(2) that area adjacent to the shorehne of the 
Marion Moose Club property; 

(3) that area known as Morgan Cove; 

(4) that area within 50 yards of the shoreline 
at the New Maima Baptist ^'outh Camp; 

(5) that area within 50 yards of the shoreline 
at Burnett's Landing; 

(6) the cove area adjacent to the State P:uk 
swimming area; 

(7) the co\'e area adjacent to the State Park 
picnic area and dock; 

(8) that area within 50 yards of the boat 
launchmg ramp at the Marion Lake Club. 

(b) Speed Limit. No person shall operate any 
motorhoat or \essel at greater than no-wake 
speed within any of the regulated areas described 
in Paragraph (a) of this Rule. 

(c) Restricted Swimming /Vreas. No person 
operating or responsible for the operation of any 
vessel, surfboard or waterskis shall permit the 



6:11 NORTH CAROLINA REGISTER September 3, 1 991 



692 



PROPOSED RULES 



same to enter an\' marked swimming area located 
on the regulated area. 

(d) Placement and Maintenance of Markers. 
The Board of Commissioners of McDowell 
County is designated a suitable agency for place- 
ment and maintenance of the markers imple- 
menting this Rule. 

Siatuioty Authority G.S. 75A-3; 75A-/5. 

.0342 CAT.WVHA COl NTY 

(a) Regulated /Vreas. This Rule applies to the 
following waters of Lake Ilickor)': 



(1) 



(2) 
ill 



the public fishine pier located at the old 
Wildlife Club off^i:th Street Dnve, N\V, 
City of Ilickon,-; 

the shores of the Dixie Boat Club, Inc.; 
that area within 50 yards of the Moore's 
lem IJoat .Marina and Boa thous 
44th .\\enue. Circle N\V. 



ise on 



(b) Speed Limit. No person shall operate a 
vessel at greater than no -wake speed in the waters 
of the regulated areas specified in Paragraph (a) 
of this Rule. 

fc) Placement and NLiintenance of .Markers. 
The governing board of the City of Hickop, and 
the Catawba County Board of Commissioners 
are designated suitable agencies for placement 
and maintenance of the markers implementing 
this Rule, subject to the approval of the L'nited 
States Coast Guard and the L nited States .'Vrmy 
Corps of Lngineers. 

Statutoty Authority G.S. 75A-3; 75A-/5. 



1\ otice is hereby gi\en in accordance with G.S. 
I50B-I2 that the DEHXR. Dixision of Parks and 
Recreation intends to amend nde(s) cited as ISA 
SC.iC I2C .0306. 

1 he proposed effective date of this action is 
January J, J 992. 



Th 



he public hearing will be conducted at 10:00 
a.m. on October 3, 1991 at the Ground Floor 
Hearing Room, .-irchdale Building. 512 \. 
Salisbwy Street, Raleigh, .\.C. 



Co 



■ ommcnt Procedures: A II persons interested in 
this matter are imited to attend the public hearing. 
Any person requiring information should contact 
Jim Hallsey. Chief of Operations. Di\-ision of 
Parks and Recreation. 12700 Bayleaf Church 



Road, Raleigh, Sorth Carolina, 27614 (919) 
846-9991. 

Written comments may be submitted to the above 
address prior to the public hearing. Written and 
oral comments may also be submitted at the public 
hearing. S otice of an oral presentation must be 
given to the above address at least three days prior 
to the public hearing. 

H/ditor's Xote: This Rule has been fled as a 
temporary amendment effective .August 12, 1991 
for a period of ISO days to expire on Februar}' 8, 
'1992. 

CIIAPTKR 12 - PARKS .VND RECRE.VTION 
AREA RLLES 

SLBCHAPTER I2C -STATE LAKES 
REGULATIONS 

SECTION .0300 - CONSTRUCTION .\ND USE 

OF I'lERS AND OTHER STRL CTLRES ON 

ST.\TE LAKES 

.0306 FEES 

Lhe following schedule of fees shaU be applica- 
ble to all structures beginning Fobaian . ' +t 1'^71, 
August J_^ I'jQl. the payment of which shall be 
prerequisite to the riglits and pri\ilegcs exercised 
pursuant to these regulations and any and all 
permits issued pursuant thereto. Annual fees are 
due on May 1 of each year: 

(1) Fach application for the construction or 
placement of a new structure or the com- 
plete replacement of an existing structure, 
or the complete replacement of a structure 
for which a permit has previously been is- 
sued but which structure has been destroyed 
or remoNcd by any means, shall be accom- 
panied bv an application fee of twontv del- 
lafs (yo'OO) sixty dollars ($60.00) which is 
only refundable li the apphcation is rejected. 

(2) Applications for modifications or enlarge- 
ment of an existing structure for which a 
vahd pennit is held by the applicant for 
modification or enlargement thereof shall be 
accompanied bv an application fee of twenty 
doUan- . (S20.00) sixty dollars (S60.00) which 
shall be refundable only if the apphcation is 
rejected. 

(3) Apphcation for renewal of a permit which 
was otherwise \'alid but which has been re- 
voked for failure to pay the annual pier re- 
newal fee within the time provided within 
60 days after the due date thereof shall be 
accompanied by a renewal application fee 
of twenty doliarf . (S20.n0). sixty dollars 
(?60.00). which shall onl\- be refundable if 
the apphcation is rejected. 



693 



6: 1 1 NOR TH CA ROLINA R EG IS TER September 3, 1991 



PROPOSED RULES 



(4) Transfer Fee. Applications for a transfer 
of a permit to the new owner of the 
waterfront property or the new owner of an 
interest in waterfront property giving rise to 
the right of a permit under these regulations 
shall be accompanied by a transfer fee of te* 
doUaro ($10.00), thirty dollars ($30.00) 
which shall not be refundable for any rea- 
son. This fee is not subject to being pro- 
rated and shall be paid in full without regard 
to the time of \ ear at which the transfer oc- 
curred. 

(5) Application for a nonconforming use per- 
mit shall be accompanied by an apphcation 
fee of fiftv dollar ?. ($50. 00), one hundred and 
fifty dollars ($150.00), which is not 
refundable for any reason. 

(6) /'Vnnual fees: 

(a) private structures: 

(i) piers not more than 50 feet in length — 
6w dollars ($5.00): fifteen dollars 
($15.00): 

(ii) piers more than 50 feet in length but less 
than 101 feet in length - kn* dollars 
fSWrOa^ thirty dollars ($30.00); 

(iii) piers more than 100 feet in length but 
less than 151 feet in length -- lift con ^^^ 
laf» ($15.00): fortv-tive dollars ($45.00): 

(iv) piers more than 15U feet in length — 
twenty doUaro ($30.00); sixty dollars 
($60.00); 

(v) boat ramps, boat mooring buoy -- five 
doUars ($5.00); fifteen doUars ($15.00); 

(b) commercial structures: 

(i) piers less than 225 feet in length — 

t^i i ontv fivo dollars ($35.00); seventv-five 

doUars ($75.00); 
(ii) all piers more than 225 feet in length -- 

fifty dollars ($50.00); one hundred and 

fifty dollars ($150.00): 
(iii) boat ramps, boat mooring buoys -- 

t>' i entv fivo dollars ($35.00); seventy-five 

dollars ($75.00); 

(c) public structures -- tea- dollars ($10.00). 
thirty dollars ($30.00). 

Statuiory- Aulhorily G.S. 1 13-35. 

TH LE 16 DKPARTMEM OF PLHFIC 
FDLC.VFION 



lyotice is hereby given in accordance with G.S. 
I50R-I2 that the State Board of Education in- 
tends to amend rule(s) cited as 16 NCAC 6D 
.0102: and adopt rule{s) cited as 16 NCAC 6E 

.0301 - .0303. 



1 he proposed effective date of this action is 
February 1, 1992. 

1 he public hearing will be conducted at 10:00 
a.m. on October 4, 1991 at the State Board Room, 
3rd Floor, Education Bldg.. 1 16 West Edenton 
Street, Raleigh, .\C 27603-17/2. 

O omment Procedures: Interested persons may 
submit viev.'s and comments in writing either prior 
to or at the hearing or orally at the hearing. 

LLditor's Xote: These Rules have been filed as 
temporary ndes effccti\-e .-iugivit 12, 1991 for a 
period of ISO days to expire on Febniaty I, 1992. 

CH.M'IKR 6 - ELKMENTARY A^D 
SECONDARY EDLC.UION 

SI BCMAPTER 6D - INSTRLCTION 

SECTION .0100 - CLRRICLLLM 

.0102 BASIC EDLCVTION PROGRAM 

(a) Each FEA shall implement the BEP as de- 
veloped by the department, to the extent that 
state funds are made available to it. This Rule 
covers the curricular component of the BEP. 

(b) The standard course of study includes, at 
least, a program of studies in the following areas: 

(1) arts education; 

(2) communication skills; 

(3) guidance; 

(4) healthful living; 

(5) librar>'/media skills; 

(6) mathematics; 

(7) science; 

(8) second language studies; 

(9) social studies; and 
(10) vocational education. 

fe) fe discharging their duly te- provido a courso 
ef training aft4 instruction m Ae opc ' ralion ef 
motor ' ■ chicles fe» s*?4- forth vet Ci.S. 1 15C 316. two 
ef more FEAs may jointly op e rat e such a pro 
gram undor a vvrittL ' n agrL ' omont bL'twoon e* 
among Ae FFjXs. Ihose FEi\s shall inform A« 
SBF] »f which 1 I'j\ has assumed udministrati' ie 
responsibility fof t+n* program. Fv e n . " program 
niust meet t+te following critona: 

f4^ 44ie program i* free ef charge te eligibl e 

persons. 
(4^ Enrollees must obtain e ith e r a temporary' 
learn e r's pennit Bf a riM i lricted instruction 
pennit before tl^ey begin beliind the ' ■ ' ■ heel 
instruction. 
(4^ Classroom instruction consists »f at- least 
^ clock hours, i» accordance witfe a 6tH^ 



6:11 SORTH C.iROHNA REGISTER September i, 1991 



694 



PROPOSED RULES 



nculum guidt -' isiiuod t*y (+» dopurtmont. 
Each stud e nt muot comploto at- loast 4 
hours ef bohind the whool instruction. 

{A) LI As must make those programs fea- 
sonably a' l ailublt ' &» a year round basis te- 
aii L ' ligiblc per '. ons. 

(44 I HAs may »«+ provid e classroom m- 
structi(^n te le^ than M students. Class 
!*^ limitations apply te classroom 
in"truction. Lb As Hwy ft€4 provide m- 
struclion *» (4+e eaf t» k^w than tvn* »«* 
more than fo«f titudents. 

(4f LI' As may provide »» more than t-v.^ 
hours e+' in ' Uruction fvf 4ay-T except that- 
they may a44 t+ftt» hour t4" in car uV ' tmc 

rTTTTT rrr l tt t t i i v t u. i • rrr l ni..','i * '^.'iii iii 'iililih.'ii 

» i*fte dr+y^ t*f H«+ hourv t4 m car ift- 
struction ever . " other drty ti* t-wo hours »f 
daily classroom instruction. 

f?-t L I ;\s fftay- organij'e e.xtended school day 
aft4 Saturday programs ft&t- to exceed Vwe 
hours pef extended school tk+y afhi si* 
hours pef Saturday fo* each teacher. 

f^ LEAs shall issue te students who satis 
factorily complete t+» prescribed course a 
certificate »« a to mi supplied by ti+e de- 
partment. 

(-Of Dri' i er education instructors must possess 
a vithd North Carolina driver's licence aftd 
mu -. t have a driving r e cord acc e ptabl e te- 
t-he I 1 j\ hT ' tructors mu '. t hold a gradu 
ate ef class A dnver education certificate. 

Statutory: Authority G.S. I I5C-12(9 )c.; J/5C-8J. 

SLBCH.\PTER 6E - STL DENTS 

SECTION .0300 - DRIVER TRAINING 

.0301 DRI\ER TRAINING 

(a) In discharging their dut\- to provide a course 
of training and instruction in the operation of 
motor vehicles as set forth in G.S. 115C-216, lo- 
cal boards of education shall pro\'ide a program 
which meets the following standards and re- 
quirements: 

(1) EnroLlment in the program will be limited 
to students mectina the criteria established 
by G.S. 20-88. 1: 
(2j The program will be free of charge to el- 
igible students; 

(3) EnroUees must obtain either a temporar)' 
learner's permit or a restricted instruction 
permit before they begin behind-the-wheel 
instruction; 

(4) Classroom instruction will consist of at 
least 30 clock hours of instruction in the 
topics previously listed in the Healthful 



Living Section of the Teacher Handbook. 
Upon successful completion of a Depart- 
ment pretest, students may take and pass 
a proficiency examination developed or 
designated by the Department of Pubbc 
Instruction to waive the classroom in- 
struction. Each student must complete a 
minimum of six hours of behind-the- 
wheel instruction; 

(5) The program wiU be reasonably available 
on a year-round basis to all eUgible per- 
sons; 

(6) The local board of education will deter- 
mine class size restrictions, but may not 
allow instruction in the car to less than 
two nor more than four students; 

(7) The local board of education will deter- 
mine the amount of instruction per day 
for classroom or in-car instruction or a 
combination of both; 

(8) The local board of education will issue a 
certificate to students who satisfactorily 
complete the prescribed course; 

(9) Driver education instructors must possess 
a \alid North Carolina driver's license and 
must have a driving record acceptable to 
the local board of education. In addition, 
instructors hired for driver education shall 
either: 

(A) hold a driver education certificate issued 
by the SBE; or 

(B) have non-certified status according to 
minimum standards established bv Rule 
.0302 of this Section. 

(10) Except as previously allowed by the SBE, 
the program shall not be provided during 
the regular instructional day. 
(b) Two or more local boards of education may 
jointly operate a program under a written agree- 
ment meeting the requirements of G.S. 160A-460 
et seq. The agreement shall provide for one local 
board of education to assume administrati\e re- 
sponsibility for the program. 

Statutory Authority G.S. 20-88.1: II5C-216. 

.0302 NON-CERTIFIED INSTRLCTOR STATES 

I o qualify for non-certified instructor status, a 
person must, as a minimum: 
( 1 ) have graduated from high school or hold a 

high school cqui\'alency certificate; 
(2| be of good moral character; 

(3) not have had convictions of moving vio- 
lations totalling seven or more points in the 
three years preceding the date of application: 

(4) ha\e at least four years' experience as a li- 
censed operator of a motor vehicle; 



695 



6:11 yORTH CAROLIXA REGISTER September 3, 1991 



PROPOSED RULES 



(5) not have had a revocation or suspension 
of his or her driver's license in the four years 
immediately preceding the date of apphca- 
tion; and 

(6) have completed the licensed instructor 
course offered through the community col- 
lege system and approved by the Depart- 
ment and the Division of Motor Vehicles. 

Statutory Authority G.S. 20-S8.I: II5C-2I6. 

.0303 DRIVER EDLCATION CONTRACTS 

(a) Local boards of education may enter into 
contracts with public or private entities or indi- 
viduals to provide a program of dri\'er education 
for students. 

(b) Contracts shall be awarded on a compet- 
itive basis through requests for proposals to 
contract. Local boards of education shall estab- 
lish the process for sohciting proposals, the 
number of proposals required, and the time and 
place for receiving and opening proposals. In 
addition, local boards of education shall deter- 
mine whether bid bonds or performance bonds 
shall be required. Decisions to award contracts 
shall be based on quality, safety, costs and such 
other reasonable factors as local boards of edu- 
cation may establish. 

(c) A contract may not be awarded to an entity 
not hcenscd by the Division of .Motor Vehicles 
as a commercial driving school pursuant to G.S. 
20-320, et. seq. A contract may be awarded to 
an individual not hcenscd as a commercial driv- 
ing school by the Division of Motor Vehicles if 
he or she is certified by the SBE in driver educa- 
tion or hold non-certified instructor status. 

(d) AH contracts shall specifically require the 
contractor to adhere to the requirements of these 
Rules, 16 NCAC 6E .0301 - .0303. In addition, 
all contracts shall prescribe: 

(1) the term of the contract, which may not 
exceed one year; 

(2) the procedure for renewal of the term of 
the contract, if any, except that a contract 
may not be renewed for more than two 
successive one-year terms; 

(3) the grounds for termination of the con- 
tract, including automatic termination in 
the event of revocation of the hcense re- 
quired by G.S. 20-320, et. seq.; 

(4) whether school facihties or vehicles are to 
be leased or used by the contractor and, 
if so, the terms and conditions or the 
lease; 

(5) whether the contractor wiU provide trans- 
portation home for students; 

(6) the types of vehicles and equipment to be 
provided by the contractor, if any; and 



(7) such other terms and conditions, including 
the purchase of insurance by the contrac- 
tor, as the local board of education may 
determine to be reasonable and appropri- 
ate. 

Statutory Authority G.S. 20-SS.I; II5C-2I6. 

TITLE 25 - OFFICE OF STATE 
PERSOVSEL 

J\ otice is hereby given in accordance with G.S. 
150R-I2 that the Office of State Personnel intends 
to adopt nde(s) cited as 25 NCAC ID .2105 - 
.2/08; It .0301 - .0307; and repeal rule(s) cited 
as 25 NCAC ID .2101 - .2104; IL .0201 - .0203. 

J he proposed effective date of this action is 
January I, 1992. 

1 he public hearing will be conducted at 9:00 
a.m. on October 3, 1991 at the Personnel Devel- 
opment Center, 101 W. Peace Street, Raleigh, 

N.C. 

(^ omment Procedures: Interested persons may 
present statements either orally or in writing at the 
Public Hearing or in writing prior to the hearing 
by mail addres.^ed to Drake Maynard, Office of 
Stale Personnel, 1 16 W. Jones Street, Raleigh. 
N.C. 27603. 

CHAPTER 1 - OFFICE OF STATE PERSONNEL 

SUBCHAPTER ID - COMPENSATION 

SECTION .2100 -SPECIAL SALARY 
ADJUSTMENTS 

.2101 DEFINITION AND POLICY 

(REPEALED) 
.2102 APPLICABILITY (REPEALED) 
.2103 JUSTIFICATION (REPEALED) 
.2104 RESPONSIBILITY OF THE STATE 

PERSONNEL DIRECIOR (REPEALED) 

Statutory Authority G.S. 126-4. 

.2105 INTRODUCTION 

The policy is not intended to resolve all re- 
tention problems. Funds are available only from 
limited salary reserves of an agency or program 
and these funds must be managed to sen'e a va- 
riety of program necessities. 1 herefore, the im- 
plementation of special salary adjustments is 
limited to the most critical retention issues. 

Statutory .iuthority G.S. 126-4. 



6:11 NORTH CAROLINA REGISTER September 3, 1991 



696 



PROPOSED RULES 



.2106 PURPOSE 

The purpose of retention salar\" adjustments is 
to provide a last resort means to maintain em- 
ployment of a key employee who has a similar 
job offer outside the go\emment structure. It is 
not a purpose of the rules in this Section to re- 
duce the employee turnover ratio of the employer 
in any appreciable sense; the purpose of the rules 
in this Section is to retain key employees. Key 
employees may exist at any hierarcliical level in 
the organization and may represent most occu- 
pational families. They topically occupy one of 
a kind jobs or jobs that are documented as ex- 
tremely hard to fill. 

Statuior\- Auihoriiy G.S. 126-4. 

.2107 POLICY 

(a) Special Salary Adjustments Retention are 
within grade pay increases not covered by other 
pay administration policies that may be necessary 
in cases of key employee retention problems re- 
lated to critical and unusual labor market condi- 
tions. 

(b) Special salary adjustments are not permis- 
sible where the intent or result would \iolate or 
circum\ent the pro\isions of other pay adminis- 
tration policies or any pro\ision of law in effect 
at the time, .\gency management and university 
management are responsible for maintaining 
internal equity among their employees and for 
assuring that special salary adjustments do not 
create other inequities. 

(c) Recommended adjustments under this Rule 
are subject to the availability of salary reserve 
funds and are subject to approval of the State 
Personnel Director and the Director of State 
Budget and Management. 

(dj Justification, addressing the criteria listed in 
this Section must accompany requests for special 
salary adjustments, includmg specific outside sal- 
ary offers. 

Statutoiy Authoritv G.S. 126-4. 



(4) The position duties are key to agency or 
program mission accomplishment. The 
knowledge, skills and abilities required of an 
incumbent are clearly identified as difficult 
to recruit, or the occupational group is ac- 
knowledged by the Office of State Personnel 
as having a critical labor market shortage. 

(5) The agency must confirm that the use of 
established personnel policies actions are 
not feasible alternatives to a special salary 
adjustment (promotion, position reallo- 
cation, salar.^ range revision, performance 
increase). 

(6) The agency must confirm that other man- 
agement a]temati\-cs (realignment of duties; 
allocation of additional personnel, equip- 
ment, or other resources; commitment to 
personal development needs or future job 
opportunity; or other actions meeting mu- 
tually perceived needs that are not currently 
a\ailable, but are perceived by the employee 
as being better satisfied by the external job 
offer) are not feasible. 

(7) The employee for whom the special salar>' 
adjustment is proposed must have an above 
satisfactory performance level. 

Statutory .-iuthonty G.S. 126-4. 

SLBCHAF'TER IL - AKHRM.\TI\ E ACTION 

SECTION .0200 - ACQUIRED IMMUNE 

DEFICIENCY S^>,DROME (AIDS) IN THE 

^^ORKPLACE 

.0201 EDUCATION .\ND TRAINING 

(REPEALED) 
.0202 BASIC EDUC.VriON AND TRAINING 

COMPONENT (REPEALED) 
.0203 SPECIALIZED EDUC.\TION .\ND 

TRAINING COMPONENT (REPEALED) 

Statutory .Authority G.S. 126-4. 

SECTION .0300 - EQUAL EMPLOYMENT 
OPPORTUNITY INSTITUTE 



.2108 CRITERIA 

Conditions to be met pnor to requesting a re- 
tention increase are as follows: 

(1) There is a bona fide written job offer from 
an employer outside the government struc- 
ture which provides greater compensation 
without increased responsibility. 

(2) There is no current employee with sub- 
stantially equal qualifications for promotion 
to the potential vacancy. 

(3) Serious salary inequities would not be cre- 
ated by a special salary adjustment. 



.0301 PURPOSE 

Ihe Equal I'mployment Opportunit\ Institute 
(1 EOI) is intended to provide state go\emment 
executives, managers and super%'isors with prac- 
tical training that will assist them in becoming 
more effccti\e managers and supervisors of an 
increasingly diverse workforce. The EPOI is in- 
tended to increase understanding among manag- 
ers and supervisors of their roles and 
responsibilities in managing employees from dii- 
ferent backgrounds and cultures, and the corre- 
sponding laws, policies, and employment 



69: 



6:11 \ORTH CAROLINA REGISTER September 3, 1 99 1 



PROPOSED RULES 



practices and techniques complementing this 
purpose. 

Statutory Authority G.S. 126-16. 1. 

.0302 EEO INSTITLiTE: PARTICIPATION 

Supcnisors and managers hired, promoted or 
appointed on or after July 1, 1991 shall partic- 
ipate in the EEO I. Supervisors and managers 
appointed on or before July 1, 1991 are encour- 
aged to participate in the EEOI. Agencies, de- 
partments and universities shall not be 
authorized to conduct or contract for substitute 
training to replace EEOI. EEOI training is de- 
signed to: 

(1) Address and discuss the histor>' and evolu- 
tion of Equal Employment Opportunity 
concepts and principles. 

(2) Assist managers and super\'isors in incor- 
porating their Equal Employment Opportu- 
nity responsibilities with other management 
responsibihties. 

(3) Expose managers and supervisors to 
workplace equity and fairness issues. 

(4) Review and discuss accepted management 
practices for valuing and managing di\ersity 
in the workplace. 

(5) Pro\ide understanding of how diversity can 
increase productivity and efficiency. 

(6) Empower managers and supervisors to re- 
main adaptable and flexible to meet the 
challenges of an ever changing and more di- 
verse workforce. 

Statutory Authority G.S. 126-16. 1 . 

.0303 responsibilhiks: agencies 

(a) It is the responsibility of the head of each 
state agency and department, and university 
chancellor to enroll each supervisor or manager 
appointed on or after July 1, 1991 in the EEOI. 
The enrolhnent shall be within one year of his 
appointment. 

(b) Each agency, department or university 
(hereafter named Agency) shall be responsible for 
providing its prorata share of the cost for supplies 
and resource materials. 

(c) Agencies shall be responsible for verifying 
candidate eligibility reports. 

(d) Agencies should enroll incumbent managers 
and supervisors to participate in the EEOI when 
space is available. 

(e) Agencies should incorporate in their new 
employee orientation program a module of in- 
struction designed to familiarize new employees 
with the agency's commitment to equal employ- 
ment opportunity. 



Statutory Authority G.S. 126-16. 1. 

.0304 RESPONSIBILITIES: M.ANAGERS 
AND SLPERVISORS 

(a) AU managers and supervisors shall, on an 
on going basis, assure that their management 
practices are fair and that the work environment 
enhances equal employment opportunity. 

(b) Managers and supervisors hired on or after 
July 1, 1991 shall attend and complete the EEOI 
in the prescribed time frame. 

Statutory Authority G.S. 1 26- 16.1. 

.0.^05 RESPONSIBII ITIES: OFFICE OF 
ST.\TE PERSONNEL 

(a) All EEOI training shall be conducted by the 
Equal Opportunity Services (EOS) Division of 
the Office of State Personnel (OSP). 

(b) The Oftice of State Personnel, through the 
EOS Division shall fuUy administer the EEOI 
Program. 

(c) The Office of State Personnel shall report 
semi-annually, through the State Personnel 
Commission, to the Joint Legislative Commis- 
sion on Governmental Operations beginning 
Januarv- 1, 1992. 

Statutory Authority G.S. 126-16. 1. 

.0306 ADMINISTR.XTION: DEFINITIONS 

(a) "Super\'isory positions" are defmed as po- 
sitions in which the majority of the work per- 
formed is directing the work of other positions. 
These employees have the authority to assign 
work and to evaluate work; to hire employees; to 
discipline or dismiss employees; or have signif- 
icant input into such actions. 

(b) ".Managerial positions" are defmed as po- 
sitions which manage estabhshed divisions or 
subdi\isions of a department, agency or univer- 
sity. These employees direct the work of one or 
more supervisors and have the authority to hire, 
reward, discipline, or discharge employees. 
These employees may also provide suggestions 
for changes in policy to senior executives with 
policy-making authority. 

(c) "Executive managerial" positions are de- 
fmed as policy making positions. Employees in 
these positions are agency/department heads, 
university chancellors, deputies, assistants, vice- 
chancellors, and other policy makers. The em- 
ployees in executive managerial positions are 
usually appointed or elected. Eor the purposes 
of this policy, the defmition of supervisors, man- 
agers, and executives also includes the setting of 
performance expectations, conducting perform- 



6: 1 1 NOR TH CAROLINA REGIS TER September 3, 1 991 



698 



PROPOSED RULES 



ance appraisal conferences and evaluating per- 
formance. 

(d) "Incumbent Executives, Managers and 
Supervisors" are defmed as executive managers 
and supervisors hired or appointed into positions 
pnorto July 1, 1991. 



(e) 
(1) 



(3) 



(0 



EHOI Candidates" are defmed as: 
Managers and supervisors hired on or after 
July 1, 1991 and who may or may not 
have served in a management role in state 
government. 

Incumbent executives, managers and 
supen.isors appointed hired to a different 
management position on or after July 1, 
1991 and who have not completed the 
EEOI are strongly encouraged to enroll. 
Executive level managers who are hired 
or appointed with or without executive 
level experience in state government on 
or after July 1, 1991. 
"Training Level 1" is defined as the full 



supervisors identified in Rule .0305(a) of this 
Section. /Mso, management level employees as 
identified in Rule .0305(b) and (c) of this Section 
may participate on a space availabihty basis. 

(g) "Training Level 2" is defmed as an abbre- 
viated course designed for executive level man- 
agers as identified in Rule .0305(c) of this 
Section. Also, executive level managers as iden- 
tified in Rule .0305(b) of this Section may par- 
ticipate on a space availability basis. 

Statutory Authority G.S. 126-16. 1 . 

.0307 COl RSK SCI lEDL LING AND SITE 
SELECTIONS 

Traiiring as set out in Rule .0306 of this Section 
may be scheduled and conducted at various sites 
across the State of North Carolina. Schedules 
will be distributed semi-annually and updated or 
adjusted as necessary. 

Statutory Authority G.S. 126-16. 1 . 



EEOI Training designed for those managers and 



699 



6: 1 1 SOR TH CAROLINA REGIS TER September 3, 1 991 



FINAL RULES 



/idopted rules filed by the Departments of Correction, Revenue and Transportation are published 
in this section. These departments are not subject to the provisions of G.S. I SOB, Article 2 requiring 
publication in the N.C. Register of proposed ndes. 

LJ pon request fom the adopting agency, the text of ndes will be published in this section. 



TH LF 5 
DEPAR TMKM OF CORRECTION 

CHAPTER 2 - DIMSION OF PRLSONS 

SI B( IFAPIFR 21) PI BLIC (OMMUMCATIONS 

SECTION .06(HI - ACCESS TO INFOR^L\TION/IN^FA IE RECORDS 

.0601 FNAFATF RECORDS 

(a) Matters of public record will be made available for examination upon request. Copies may be 
provided at the expense of the requestor. An imnate's or former inmate's name, age, race, sex, oflcnse 
for which con\icted, court where sentenced, length of sentence, date of sentencing, date of arrival at 
or transfer from a prison, program placements and progress, custody classification, disciplinar}' offenses 
and dispositions, escapes and recaptures, dates regarding release, and the presence or absence of 
detainers will be considered matters of public record. Except as provided in this Section, no other 
matenal may be released to anyone. Unauthorized release of confidential information by departmental 
employees will be cause for immediate dismissal or other appropriate disciplinary' action. 

(b) Medical records, except for psycliiatric and psychological evaluations of an inmate or former in- 
mate may be released to a physician, the legal representative of the inmate, or the personal represen- 
tative of a deceased former inmate with the written consent of the person to whom such records pertain 
or the personal representative of such person if the inmate is deceased. 

(c) Mental Health Records. Upon written consent, the content of an inmate's mental health records 
may be released to the attending psychologist, ps\cliiatrist, or governmental agencies directly invohed 
in mental health, rchabihtation, or disability services or esaluations. Mental he;dth records may be 
released to the inmate's hcensed attorney upon a request specifying with reasonable clearness the par- 
ticular records of treatment which the attorney needs to review. If the mental health records do not 
contain any reference to the treatment with which the attorney is concerned, the attorney wiU be so 
advised. The request must be accompanied by a statement signed by the inmate giving his consent for 
the attorney to have access to the records. The Chief of Mental Health Services or his designee wiU 
review the records to determine if the release of any material contained in the requested records poses 
any risk of harm to another person or would \iolate the confidence of any third party. If the requested 
records do contain such material, the records will be released in a form in wliich such material has been 
deleted or in which the contents of such material has been summarized to provide the requested infor- 
mation without risking harm to other persons or violating the confidence of third parties. The attorney 
to whom the records are released shall promise in writing not to aUow the inmate direct access to the 
records but may discuss the contents of the records with the inmate, fhe attorney will not rc\eal the 
contents of the records to other persons except mental health professionals, such as psychologist or 
psychiatrist who may be employed as an expert witness. If any attorney shall violate his or her promise 
to m;iintain the confidentiality of the mental health records, he or she and, or the firm with which he 
or she is associated shall lose the privilege of having access to mental health records. Copies of mental 
health records will be provided at the expense of the requestor. 

(d) Material contained in inmate files may be released to official federal, state law enforcement 
agencies, and the staff of the Attorney General's Office when their representatives present proper cre- 
dentials. Such agencies must agree to maintain the confidential nature of the material or irifonnation. 
Materials will be provided to the courts upon recjuest. No material should be copied unless absolutely 
necessary. 

Ilistofy \ote: Statutory Authority G.S. NS-//: 



6:11 NORTH CAROLINA REGISTER September 3, 1991 700 



FINAL RULES 



Eff. Fcbf-uarv I. 1976: 

Amended Eff. September I. 1991; July I. 1987. 

TITLE 19A 
DEPARTMENT OF TRANSPORTATION 

CHAPTER 3 - DIMSION OF MOTOR \ EHICLES 

SI BCHAPTER 3D - ENFORCEMENT SECTION 

SECTION .0100 - GENERAL INFORMATION 

.0101 PURPOSE 

This Section establishes rules for and provides information on the following: 

(1) motor \chiclc dealer sales, distributor and factor>" representative license; 

(2) motor %ehicle thefts; 

(3) mechanics and storage lien; 

(4) notice of sale; 

(5) safety inspection of motor \'eliicles; 

(6) licensing of safety inspection stations; 

(7) enforcement of weight regulations; and 

(8) appro\al of motor \ehicle safety equipment. 

Histon- \ole: Statutory Authority G.S. 20-1; 20-39; 20-45; 20-49 through 20-50; 
20-52.1; 20-57; 20-64(a); 20-6S; 20-72 through 20-79.1; 
20-82 through 20-83; 20-84. 2; 20-85 through 20-86; 20-86.1; 
20-87 through 20-88; 20-88.1; 20-91.1; 20-96; 20-99; 
20-103 through 20-104; 20-114; 20-116; 20-117.1; 20-118; 20-1 IS. I; 
20-122 through 20-135.3; 20-183.2 through 20-183.12; 20-308; 
20-347; 44A-1 through 44A-4; 54-4; 55-)31; 66-68; 105-449.52; 
153-9; 160A-303; 
Eff July 1. 1978; 
Amended Eff October 1. 1991; February I, 1982. 

SECTION .02(K) - MOTOR \ EHICI E DEALER. SALES, DISTRIBUTOR .\ND FACTORY 

REPRESENTAinE LICENSE 

.0216 DEFINITIONS 

(a) Statuton,' Defmitions: Definitions for words and phrases used in these regulations not defmcd in 
subsection (b) shall be the same as the definitions appearing in G.S. 20-286 and G.S. 20-4.01. 

(b) Administrative Definitions: The following words and phrases shall have the meanings listed be- 
low when used in these regulations: 

(1) "Established Salesroom" - Means a salesroom containing 96 square feet of floor space in a per- 
manently enclosed building or structure which is separate and apart from any living quarters, 
residence or other business and having a separate entrance; where any vehicles displayed are 
separate and apart from vehicles of any other dealer; ha\'ing displayed thereon or immediately 
adjacent thereto a sign, in block letters of not less than 3 inches in height on a contrasting 
background, clearly and distinctly designating the trade name of the business at which a per- 
manent business of bartering, trading and selling of motor \ehicles will be carried on as such in 
good faith and at which place of business shall be kept and maintained the books, records, and 
files the Division may require as necessary to conduct the business at such location. A building 
would not be considered permanent if it has wheels. In order for a manufactured home to be 
considered a permanent enclosed building, it would have to be underpinned and wheels re- 
moved. Pro\ided, howe\-er, the minimum area requirement provided for in this Paragraph is 
not applicable to any established place of business lawfully in existence and duly Licensed on or 
before January 1, 1978. 

(2) "I'stablished Office" (Wholesaler) - Means an otTice containing 96 square feet of fioor space in 
a pennancntly enclosed building or structure which is accessible to Division personnel and is a 
place where books, records and files are required to be kept. 



701 6:11 NORTH CAROLINA REGISTER September 3, 1991 



FINAL RULES 



(3) "Supplemental Location" - .\ny improved or unimproved lot that is not immediately adjacent 
to the principal place of business at which a permanent business of bartering, trading and selling 
motor vehicles will be carried on as such in good faith and which is located within the relevant 
trade area of the applicant dealer as defmed by G.S. 20-286(1 3b). A supplementary' lot must 
have displayed thereon a sign in block letters not less than 3 inches in height on a contrasting 
background, clearly and distinctly designating the trade name of the business and the address and 
telephone number of the principal place of business. Supplemental locations must operate in 
exactly the same name as the principal place of business and only vehicles owned by or lawfully 
consigned to the principal place of business may be offered for sale at supplemental locations. 
Provided, the provisions of this Subparagraph shall not apply to sales of recreational vehicles 
and boat trailers which take place at trade shows within the franchise area of the participating 
licensed dealers. If a particular recreational vehicle or boat trailer manufacturer has not awarded 
a franchise in an area where a trade show is to take place, other licensed dealers holding a fran- 
chise from the manufacturer may nonetheless participate in the show. 

(4) "Suspension" - Ihe temporary withdrawal of a license issued by the Division of Motor Vehicles 
to a motor \'chiclc dealer, manufacturer, factor^' branch, distributor, distributor branch, whole- 
saler or their sales represcntati\e for a dcfmite period. 

(5) "Re\'ocation" - The termination of a license issued by the Di\ ision of .Motor Vehicles to a motor 
vehicle dealer, manufacturer, factory branch, distributor, distributor branch, wholesaler or their 
sales representative. 

(6) "Automobile" - Any passenger car or station wagon. 

Histoty .\ote: Filed as a Femporary Amendment Eff. February 9, I9S9 for 
a Period of ISO Davs to Expire on August 8, I9S9; 
Statutory 'Authority G.S. 20-1: 20-302; 
Eff. June I. 1988; 

Femporaty Amendment Expired Eff .August S, I9S9; 
Amended Eff October /. 1991: October f 1989. 

.0217 AFPIJCATrON FOR LICENSE 

(a) Applications for all licenses required by the Dealers and .Manufacturers Licensing Act shall be 
made on forms furnished by the Division and signed by the Owner, partner or proper officer of a cor- 
poration and filed with the Lnforcement Section, N. C. Division of .Motor Vehicles; Raleigh. North 
Carolina 27697, accompanied by the necessar\' fees; provided, the Division shall not issue a motor ve- 
liicle dealer license to a new motor vehicle dealer unless or until the applicant has satisfied the Division 
that a distributor or manufacturer has awarded the applicant a franchise to sell new motor vehicles in 
the relevant market area for which a license is sought. 

(b) The application and renewal for license to do business as a manufacturer, factory branch, dis- 
tributor, distributor branch, wholesaler or dealer, must be signed by the owner, partner or an officer 
of the corporation. The application for license as a motor vehicle sales representati\e, distributor or 
factory representative must be certified by the owner, partner, or an officer of the corporation. 

(c) Application for all licenses required by the Dealers and Manufacturers Licensing Act must accu- 
rately describe the physical location of the business such as: street number, street name, city, state and 
zip code. If a post office bo.x or rural route is used, the above infonnation must also be included. It 
is not permissible to have a mailing address different from the actual location of the business. Whole- 
sale applicants must supply the Division with a telephone number at which such business may be 
contacted by a representative of the Division concemmg records and sales transactions. 

(d) Each applicant before being approved for license as a motor \cl'ucle dealer, manufacturer, dis- 
tributor, distributor branch, wholesaler or factory' branch shall furnish a corporate surety bond, cash 
bond or fixed value equi\alent thereof in the amount of twenty-five thousand dollars ($25,000) for one 
estabhshed salesroom of the applicant and ten thousand dollars ($10,000) for each of the appUcant's 
additional established salesrooms. The amount of the bond for other applicants required to furnish a 
bond is twenty-five thousand doUars ($25,000) for one place of business of the apphcant and ten 
thousand dollars ($10,000) for each of the applicant's additional places of business. This bond shall 
remain in force and effect so long as the hcensee remains in business. When a cash bond or equi\alent 
thereof is filed with the Di\ision, same shall remain in effect for a period of four years after termination 
of business. The name and address appearing on the bond must be exactly as shown on the applica- 
tion. 



6:11 NORTH CAROLINA REGISTER September 5, 1991 702 



FINAL RULES 



(e) The Division must have evidence of an assumed name being filed witli the Register of Deeds in 
the county in North Carolina where the business is maintained when such business is operated under 
any designation, name or style other than the real name of the owner or owners thereof or under its 
corporate name. /Vfter this filing when there is a change of name and or ownership, such must be filed 
with the Register of Deeds and evidence of this change being filed furnished to the Division of Motor 
Vehicles. 

(f) A foreign corporation must procure a certificate of authority from the North Carolina Secretary 
of State before being licensed to operate in this State under the Dealers and .Manufacturers Licensing 
Law. and written proof of same pro\ided to the Division. 

(g) Before a North Carolina corporation can be licensed under the Dealer and Manufacturers Li- 
censing Law, articles of incorporation must ha\e been fded with the North C:u'oUna Secretary of State, 
and written proof of same provided to the Di\ision. 

(h) Before the Division can issue licenses required by the Dealers and Manufacturers Licensing Act, 
the established salesroom or estabhshed office is required to be in compliance with all state, county and 
municipal zoning ordinances or regulations, and written proof of same provided to the Di\ision. 

(i) Fnor to issuance of licenses required by the Dealers and .Manufacturers Licensing .-\ct. the appli- 
cant must purchase all required state and local "' I'raders" licenses, and wntten proof of same provided 
to the Division. 

(j) License fees for each fiscal year, or part thereof shall be as provided under G.S. 20-289: provided 
no license shall be issued until the fees for license required by G.S. 20-79 ha\e been paid to the Dhision. 

(k) Upon receipt of application for any license required by the Dealers and .Manufacturers Licensing 
.■\ct, the Commissioner shall cause an investigation to be made to determine whether the apphcant 
meets the requirements of law for licensing as a motor vehicle dealer, manufacturer, factoPt' branch, 
distributor, distributor branch, wholesaler, motor vehicle sales representative, factor.' representative or 
distributor branch representati\'e. and this shall include the inspection of the proposed location, appli- 
cations and other required documents by an agent of the Enforcement Section. 

(1) When applicant for license under this section is approved, based upon the application and the 
results of in\'estigation made, the applicant will be issued license subject to the following limitations: 

(1) A license issued under the .Motor \'ehicle Dealers and Manufacturers Licensing Act shall be \'alid 
until suspended, revoked or expired. License must be at all times conspicuously displayed at the 
place designated therein. 

(2) Any motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch, or 
wholesaler who moves his place of business from the location for which license was issued shall 
immediately notify the Enforcement Section. North Carolina Division of \Iotor Vehicles, of 
such change of location and shall not engage in the business of buying, seUmg. trading or man- 
ufacturing motor vehicles until the new location has been inspected and approved by an agent 
of the Division and the necessary form and additional fees, if any, have been submitted to the 
Division. 

(3) License issued pursuant to this ^Article shall not be assignable and shall be \alid only for the 
owner, or owners m whose name or names they are issued and for transaction of business only 
at place designated therein. If indi\idual, partnership or proprietorship should incorporate, new 
fees are due. 

(4) The Division shall be notified when there is a change of name and licensee shall produce evidence 
that a bond as required by G.S. 20-2SSfe) is in effect. 

(m) The Commissioner shall deny the application for any license under the Motor \'ehicle Dealers 
and Manufacturers Licensing Act of any applicant who fails to meet the qualifications set out in Article 
12 of Chapter 20 of the North Carolina General Statutes. Upon denial, applicant: 

(1) Will be notified by certified mail within 30 da\s from denial of license, directed to the address 
shown by applicant on application form. 

(2) Upon request, will be atYorded a hearing by the Commissioner of .Motor \'ehicles as required 
under provisions of G.S. 20-295: applicant must tile request for hearing allowed b>' this section 
within 30 days of denial of license. 

(n) E\'ery motor vehicle sales representative who engages in business in this State as such must obtain 
a license. Applicants for a motor veliicle sales representati\e's license shiill be subject to the tbllowing 
pro\isions: 

(1) A sales representati\c. factor. represcntati\e, or distnbutor representative, must be employed 
b\' a motor \'ehicle dealer, manufacturer, factory branch, distributor, distributor branch, or 
wholesaler. 



~03 6:11 NORTH CAROLINA REGISTER September 3, I99I 



FINAL RULES 



(2) /\]1 applications for sales representative, factory representative, and distributor representative li- 
censes must be made on forms furnished by the Division. Each application must be signed by 
the applicant and endorsed by the employer or employers. 

(3) AU sales representative, factory representative, and distributor representative licenses shall be 
valid until suspended, revoked, or expiration, or until employment as a sales representative, 
factory representative or distributor representative is terminated. 

(4) /VU sales representatives, factory representatives, and distributor representatives shall at the time 
of changing employment return his license and make application to the Division on forms fur- 
nished by the Di\ision designating the name and address of the new employer and must be 
signed by the applicant and endorsed by the employer or employers. 

If the representative changes employers, the representative shall immediately apply to the Division for 
a license that states the name of the represenative's new employer. The fee for issuing a license stating 
the name of a new employer is one-half the fee set in G.S. 20-289 for an annual license. 

Histoty Note: Statutoiy Authority G.S. 20-1: 20-52.1; 20-75; 20-79; 20-S2; 
20-2S6(6) and (15); 20-287p; 20-288; 20-290(a); 20-291: 
20-294 through 20-296: 20-30 J through 20-305; 20-305. J through 20-305.3: 
54-4; 55-131; 66-68; l43B-550(g): 
Eff. June I, 1988; 
Amended Eff. October I. 1991: September I. 1991. 

.0218 DESCRIPTION OF LICENSE 

(a) Every license issued to a dealer, manufacturer, factory branch, distributor, distnbutor branch, or 
wholesaler must show the name of the business, location, hcense number and expiration of hcense. 

(b) Ever>' hcense issued to a sales, factory or distributor representative must show his name and ad- 
dress, name of liis employer and expiration date. 

(c) Every dealer and manufacturer plate must show a distinctive number, the name of this State, the 
year it was issued for and a distinguishing symbol or word showing that the plate or plates are issued 
to a dealer or manufacturer. 

(d) Every motor vehicle dealer, manufacturer, factor,' branch, distributor, distributor branch, or 
wholesaler shall, on or before the 30th day of June in any calendar year, apply for and obtain, upon 
payment of proper fees, the hcense ;md number plates required by G.S. 20-79. 

Histoty Xote: Statutorv Authority G.S. 20-1: 20-79; 20-290{a); 20-291; 
Eff. June I, 1988: ' 
Amended Eff October f 199 E 

.0219 BISINESS RECORDS 

(a) /Ml motor vehicle dealers, manufacturers, factory branches, distributors, distributor branches and 
wholesalers shall keep a record for at least four years of all vehicles manufactured, received, sold, traded 
or junked. In addition to these records, a copy of a damage disclosure form, completed with the in- 
formation required by law from the seller and a copy of a damage disclosure form, completed with the 
information required by law, given to the .purchaser. An odometer disclosure form shall be retained 
for a period of five years as required by G.S. 20-347.1. 

(b) Additional records required under this section shall include: 

(1) Make, body style, vehicle identification number, and year model. 

(2) Name of person, firm or corporation from whom acquired. 

(3) Date vehicle purchased or manufactured. 

(4) Name of person, firm or corporation to whom sold or traded. If \ehicle junked, date, name and 
address of person, tirm or corporation to whom frame, motor and body sold. 

(5) Date vehicle sold or traded. 

(6) Copy of bill of sale (written statement). 

(c) All records required to be maintained in Paragraphs (a) and (b) shall be kept and maintained for 
every vehicle purchased or sold and shall be kept so as to be readily available for inspection upon de- 
mand from an authorized agent of the North CaroUna Division of Motor Vehicles in order that the 
ownership of any vehicle purchased or sold can be traced. 

(d) Manufacturer's Certificates of Origin and title for all vehicles owned by a motor vehicle dealer, 
manufacturer, factor}' branch, distributor, distributor branch or wholesaler must be immediately avail- 
able to assign to the purchaser. 



6:11 NORTH CAROLINA REGISTER September 3, 1 991 704 



FINAL RULES 



(e) Retail installment sales must be made in accordance with G.S. 20-303. Cash sales may be made 
by proper endorsement and delivery of the title to the purchaser and any other receipt that the pur- 
chaser and seller agree upon. 

(f) Pursuant to 16 CFR 455.2 a dealer shall not willfully remove the "Monroney L^bel" or sticker 
from a new automobile that is displayed for sale. The "Monroney Label" must be affixed to the new 
automobile at the time of sale to the ultimate purchaser. "Ultimate Purchaser" means the first person, 
other than a dealer purchasing in fiis capacity as a dealer, who in good faith purchases a new automobile 
for purposes other than a resale. 

(g) Pursuant to 15 L'SC Sec. 1231 every dealer offering used cars for sale shah post buyers guides 
with warranty information as required by the federal Trade Commission and same shall be displayed 
at the time of sale. 

Histoty Sole: Siaiutoty Authoriiv G.S. 20-1; 20-52, 20-75; 20-79(a} and (b); 20-82; 
20-286(6 J and (I5i; 20-297; 20-302; 20-303; 20-347; 
Eff. June I. 1988; 
Amended Eff. October I. 1991; October I. 1989. 

.0221 CONDITIOVS FOR ISSl ING I KMPOR ARV MARKER.S BY A DEALER 

(a) Ownership in the \ehicle must pass from the dealer to the purchaser b\' assigning the title or 
.Manufacturer's Certificate of Origin and by delivering the vehicle to the buyer. 

(b) Dealer has obtained from purchaser an application for registering and titling of the purchased 
\ehicle. 

(c) Dealer has collected all prescribed fees for titling and registering the vehicle. 

(d) Dealer has certification (Porm I'R-2) certilying liability insurance in effect. 

(e) Exception: 

The only exception to the above rules b and c is when the dealer is selling the vehicle to an 
out-of-state purchaser and the vehicle is to be removed from the State of North Carolina to the 
purchaser's home state prior to the expiration of the 30-day temporary registration marker. 
Form FR-2 (Insurance Certification) shall be completed and kept by the dealer as part of his 
records. 

(f) Issuance of 30-day temporary marker: 

(1) All 30-day temporary markers shall be issued in numerical order, beginning with the lowest 
number of the set or sets. 

(2) The \ehicle identification number, the make, the issuance date, and the expiration date shall 
be entered clearly and indehbly on the face of the temporar>' marker. 

(3) A receipt, which corresponds in number with the 30-day temporary marker, shall be issued. 

(4) The receipt shall be completed in duplicate, with pen and ink, and must be readable. 

(5) The white copy of the receipt, with the 30-day marker, shall be delivered to the purchaser. The 
pink copy is to be retained in the book by the issuing dealer for at least one year. 

(6) /Ml documents necessary to title and register the vehicle shall be presented to a license plate 
agency or mailed to the North CaroLma Division of .Motor Vehicles four working days from date 
of issuance. 

(EXCEPTION): WTien the purchaser is a nonresident, a 30-day temporary marker may be is- 
sued to the nonresident for the sole purpose of removing the vehicle to his home state, pro\ided 
the customer has in effect liability insurance u ith a compan_\" licensed in North Ciirolina. 1 he 
dealer is neither required to obtain from such nonresident a written application for North 
Carolina registration nor to collect the North CaroUna registration fees. IIowe\er, Form FR-2 
should be completed and kept hy the dealer as part of his records. If a plate is to be transferred, 
a 30-day temporary marker cannot be issued. Record the information on the report sheet in the 
back of receipt book. 

(7) All 30-da\' temporary markers and or receipts that are voided shall be marked "\olded" and 
recorded on the report sheet. The white copy of the receipt and the 30-day temporary marker 
shall be forwarded to the North Carohna Division of Motor Vehicles Enforcement Section to- 
gether with the report sheets. Receipts and 30-day temporary markers that do not match shall 
be returned to the Di\ision after recording on report sheet. The receipt is not to be altered. 

(S) Only one 30-day temporary marker ma\' be issued per vehicle per sale. 

(9) Upon issuance of all receipts (.Markers) in each receipt book, the report sheet must be completed 

in duplicate and the original mailed to the Division. A copy of the report sheet must be retained 

by the Dealer for one year. 



'705 6:11 NORTH CAROLINA REGISTER September 3, 1991 



FINAL RULES 



(10) .411 30-day temporar)- markers are non-transferable between dealers. 

History Note: Statutory Authority G.S. 20-39; 20-79.1; 
Eff. June I, I9S8: ' 
Amended Eff. October I, 1991; October I, 1989. 

.0223 DE.\LER PLATES 

Application for plates must be signed by owner, partner or officer of the corporation. Lost or stolen 
dealer plates must be reported to the Division of Motor Vehicles in writing. To replace such plates, 
complete the appropriate form and submit a fee often dollars ($10.00) for each plate. 

History Note: Statutory Authority G.S. 20-39; 20-68: 20-85(5); 
Eff June I, 1988: 
Amended Eff October I, 1991. 

.0224 ILLEGAL USE OF DEALER PL.ATES 

(a) It is illegal to use dealer plates on vehicles operated for any other business that the dealer is en- 
gaged in. The sale of vehicles not required to be registered, excluding farm tractors, is considered an- 
other business and delivery of such vehicles by motor transport is not permitted with dealer plates. 

(b) Parts trucks used in delivering parts to other sales outlets may use dealer plates only if the sale 
of parts is incident to the dealer business. A parts business that is separate and apart from the dealer- 
ship cannot use dealer plates. 

(c) It is illegal to use dealer plates on vehicles that are not owned by the dealer. 

(d) It is illegal for persons other than dealers, corporate officers, full-time and designated part-time 
employees to operate a dealership vehicle unless they are in possession of a 96-hour permit. The said 
permit must include license plate number, pcrmitee's name, address, driver's license number, date and 
hour of issue and must be signed by dealer or sales manager and person receiving vehicle. A duplicate 
copy of the permit must be retained by the dealer. Void if erasures are made. 

(e) It is illegal to use dealer plates on wreckers used for general wrecker service or on wreckers which 
move vehicles on a rotation basis at the request of state or local law enforcement authorities. It is 
permissible to use a dealer plate on wreckers which tow vehicles for the dealer's customers only. 

History Note: Statutoiy Authority G.S. 20-39; 20-79; 
Eff June I, 1988; 
Amended Eff October I. 1991; October 1, 1989. 

.0225 \ EHICLES OFFERED FOR SALE OWAED BY DEALERSHIP 

No vehicle shall be sold or offered for sale or trade by any motor vehicle dealer, manufacturer, factory 
branch, distributor, distributor branch or wholesaler until said motor vehicle dealer, manufacturer, 
factory branch, distributor, distributor branch or wholesaler has in his possession a certificate of title 
or manufacturers certificate of origin or same is immediately available to complete transfer of ownership 
to the consumer-purchaser. 

History Note: Slatuton' Authority G.S. 20-39; G.S. 20-79; 
Eff June 1, 1988; 
Amended Eff October 1. 1991. 

.0226 VEHICLES OFFERED FOR SALE ON CONSIGNMENT 

(a) Any dealer offering a vehicle for sale that is on consignment from a manufacturer, distributor, 
factory branch, distributor branch, wholesaler or individual shall have in his possession a consignment 
contract for each vehicle, executed by both parties. 

(b) The consignment contract shall consist of the following: 

(1) The effective dates of the contract. 

(2) The complete name, address, and the telephone number, if available, of the owner. 

(3) A complete description of the vehicle on consignment, including the make, model, body style, 
year, and vehicle identification number. 

(4) The listing charges. 

(5) The percentage of commission or the amount of the commission the dealer is to get if the vehicle 
is sold. 



6:11 NORTH CAROLINA REGISTER September i, 1991 706 



iTBrrvirann 



FINAL RULES 



(6) The "after tcm^ination" clause shall not exceed 30 days. 

(c) /Vny dealer offering a vehicle for sale on consignment must tell the prospective customer that the 
vehicle is on consignment unless the dealer is going to take ownership of the vehicle by completing a 
re-assignment on the title documents. yVny dealer selling a vehicle on consignment from a wholesaler 
must take ownership of that vehicle prior to its retail sale. 

(d) Dealer plates cannot be used to demonstrate a vehicle on consignment. The consignee's plate 
may be used if liability insurance is in effect. 

(e) In addition to a consignment contract, the dealer shall have in his possession an equipment listing 
of the \ehicle, consisting of, but not Imiited to, the following: 

(1) Owners name and address. 

(2) Complete description of the vehicle which shall include the year, make, model, body style, color, 
odometer reading, special or extra equipment, and the disclosure of known defects. 

(3) The \ehicle must display a current safety inspection certificate. 

(fj The ownership documents of any vehicle on consignment must be made available to any au- 
thorized agent of the North CaroUna Division of Motor Vehicles on request. 1 he ownership docu- 
ments must be readily available from the owner. 

(g) The owner must execute the ownership documents and deli\er them to the purchaser at the time 
the vehicle is deli\ered. 

Ilisioty \ote: Statulorv Authority G.S. 20-302; 
Eff. June I, I9SS: 
Amended Eff. October I. 1 99 1. 

.0227 \ KHICI KS OFFKRKD FOR SALE ON \ FLOOR PLAN LILN 

(a) .Vny dealer offering a vehicle for sale that has a floor plan lien on it shall at the time of sale, satisfy 
the floor plan lien and obtain the title from the floor plan henholdcr, execute the title documents and 
dehver them to the purchaser or the lienholder as required by G.S. 20-72 and G.S. 20-75 at the time 
the vehicle is delivered. 

(b) .Manufacturers Certificate of Origin and titles may be retained by the floor plan lienholder so long 
as the Manufacturers Certificate of Origin and or titles are located within the boundaries of North 
Carolina; pro\ idcd the de;dcr has in possession, available for inspection, an invoice from the manufac- 
turer or distributor and a floor plan disclosure form completed, dated and signed by both parties. 

Ilistofy \ote: Statutoty Authority G.S. 20-302; 
Eff. June I. I9SS: ' 
Amended Eff October I, 1991. 

.0228 RILL OF SALE, ODOMETER STATEMENT - ^^ RITl EN DOCLMENTATION 

(a) IMll of Sale - l'\er\' motor vehicle dealer, manufacturer, factor) branch, distributor, distributor 
branch or wholesaler at the time of sale or trade shall provide to the buyer in writing the applicable 
information listed below which may be on a bill of sale, buyer's order, financial statement or combi- 
nation thereof. Each fonn must be completed in duplicate, signed by the buyer and seller, and the 
original or copy pro\ided to the buyer and a copy of original retained by the dealer for four years. Such 
documents shall include: 

(1) Name and address of person, firm or corporation to whom vehicle sold or traded. 

(2) Date of sale or trade. 

(3) Name and address of motor vehicle dealer, m;mufacturcr, factor\' branch, distributor, distributor 
branch or wholesaler selling or trading \cliicle. 

(4) Make, body style, vehicle identification number and year model. 

(5) Sale price of vehicle. 

(6) Amount of cash down payment made by the buyer. 

(7) Description of any vehicle used as a trade-in and the amount credited the buyer for sale trade-in. 
[Description of trade-in shall be the same as outlined in Subparagraph (a)(4) of this Rule.) 

(8) Amount of finance charge, if any, and interest. 

(9) The cost of insurance to the buyer, if any, and an explanation of the type and amount of cov- 
erage. 

(10) Any investigation charges, ser\'ice charges or any other charge or charges not included in pre- 
vious items. The purpose of each charge must be specified. 

(11) Net balance due from the buyer. 



707 6:11 AORTH CAROLINA REGISTER September 3, 1991 



FINAL RULES 



(12) The amount of each payment and the time and schedule of deferred payment and to whom 
payments are to be made. 

(13) Bill of sale must be signed by both the seller and buyer. 

(b) Odometer Statement - Odometer disclosure statements must comply with Article 15 of Chapter 
20 of the North Carolina General Statutes and copies retained for a period of five years. 

Uistoty \ote: Statutory Authority G.S. 20-39; 
Eff. June I, 1988; 
Amended Eff. October I, 1991; October I, 1989. 

.0231 IIE.ARIXGS PURSL ANT TO ARTICLES 12 AND 15 OF CHAFFER 20 

(a) The following shaU be applicable to hearings requested under G.S. 20-296: 

(1) No license issued under this Article shall be suspended, revoked or renewal refused until a hearing 
has been held before the Commissioner or a person designated by him and licensee shall have 
been notified in writing ten days prior to such hearing by certified mail to his last known address 
as shown by records of the Di\'ision. Fro\ided, however, if a licensee fails to maintain a bond 
as required by G.S. 20-2S8(e) or fails to purchase dealer license plates as required by G.S. 20-79, 
the Division shall cancel the dealer's license subject to the provision that the licensee shall be 
granted a hearing if requested in writing within ten days after the date of cancellation of such 
license. 

(2) I [earing shall be held at a place designated by the Commissioner. 

(3) The hcensee shaU be advised of the decision of the Commissioner in writing by certified maU 
within 30 days of the decision to his last known address as shown by records of the Division. 

(4) The decision of the Commissioner or his duly authorized representative, after hearing, shall be 
final and appeal therefrom shaU be as provided in Chapter 150B of the North CaroUna General 
Statutes (G.S. 20-300). 

(b) Except as otherwise provided, the North Carolina Rules of CivU Procedure wiU be appUcable to 
hearings requested under N.C.G.S. 20-304 through 20-305.4. 

(1) Action shall be initiated by the fUing of a petition with the Commissioner of Motor Vehicles, 
North Carolina Division of Motor Vehicles, Raleigh, N. C. 27697, who shaU serve a copy 
thereof on the affected manufacturer by certified maU (ret-um receipt requested) with notice that 
such manufacturer should reply to the subject petition of the dealer within 30 days unless en- 
largement of time to fde a reply is requested and aUowed by the Commissioner. 

(2) Petitioner and repUes: 

(A) The form of the petition shaU be the same as that required for filing of petitions in the superior 
court and there shaU be attached thereto a copy of the franchise agreement between the dealer 
and manufacturer. 

(B) The form of the reply to the petition shall be the same as required for the fihng of a reply to 
a petition in the superior court and there shall be attached thereto a copy of the franchise 
agreement between the manufacturer and dealer. 

(C) Exhibits and supporting documents shall be attached to the petition or reph' at the time of 
filing. 

(3) The hearing shall be held at a place designated by the Commissioner upon 20 days written notice 
to both the petitioner and respondent. 

(A) It shaU be the obUgation of the parties in\olved to have present at any hearing aU witnesses 
which the parties desire to be heard. 

(B) The parties shaU be advised of the decision of the Commissioner in writing by certified maU 
to the addresses as shown in the pleadings filed in the action. 

(4) The decision of the Commissioner or his duly authorized representati\-e after hearing shall be 
final and appeal therefrom shaU be as provided in Chapter 150B of the North Carolina General 
Statutes (G.S. 20-300). 

(c) If license is canceUed due to licensee's failure to maintain a bond as required by G.S. 20-288(e) 
or failure to purchase dealer license plates as required by G.S. 20-79, then the hcensee may have a 
hearing if requested in writing within ten days after the license canceUation. 



Ui.'itofy Sote: Statutory Authoritv G.S. 20-1; 20-294 through 20-296; 
20-301 through 20-305; 20-305.1 through 20-305.3; 
Eff June I, I9SS; 
Amended Eff October I. 1991; October I, 1989. 



6:11 NORTH CAROLINA REGISTER September 3, 1991 70S 



FINAL RULES 



SECTION (MOO NOTICE OF SALE AND STORED \ EHICLES 

.0401 STORED \ EHICLE 

A report must be filed with the Enforcement Section by law enforcement officers of all vehicles re- 
ported to them as abandoned and of all vehicles stored for illegal use. 

History Note: Statutorv Authority G.S. 20-1: 20-1 14(c); 
Eff.Julv I, I97S: 
Amended Eff. October I. 1991: February' I. I9S2. 

.0402 I NCLAIMED .MOIOR VEHICLE 

An unclaimed motor vehicle report is to be fded with the Enforcement Section, Division of Motor 
Vehicles, Raleigli, North Carolina by the owner of any business where vehicles are garaged, repaired, 
parked or stored for the public within 5 days after the vehicle has been unclaimed for 30 days. NXTien 
a vehicle has been abandoned on a landowner's property for more than 60 days, he must notify this 
section within 5 days after the 6()-day penod. Notitication shall be made on Form LT-1 26-- Report 
of Unclaimed Motor \'ehicle to the Imforcement Section. Division of Motor Vehicles, Raleigh, North 
Carolina. 

Hi.<itor\' Note: Statulon' Authorilv G.S. 20-/; 20-77(d); 
Eff.Jidvl. 1 978: ' 
Amended Eff. October I, 1991: February I, I9S2. 

.0403 SALE OF VEHICLE TO SATISFY STORAGE OR MECH.AMC'S LIEN 

(a) Wlien a person who repairs, services, tows or stores motor vehicles in the regular course of his 
business has a vehicle in his possession for 30 days following the date the storage or mechanic charges 
became due and the lien remains unpaid, he shall hie with the Enforcement Section an Unclaimed 
Motor Vehicle Report (Form LT-126). 

(b) If the person or firm claiming the mechanic's or storage hen desires to sell the vehicle to satisfy 
such claim, he sh;iU notify the Enforcement Section of intent to sell such vehicle by use of Form 
LT-102. This form must be completed in its entirety and mailed with a fee of ten dollars ($10.00) to 
the Enforcement Section of the Division of .Motor Vehicles, Raleigh, North Carolina. 

(c) After all interested parties of record have been notified of the proposed sale and a request for ju- 
dicial hearing is not received, the Enforcement Section will notify the person or fimi claiming the 
storage or mechanic's lien. 

(d) The person or firm claiming the storage or mechanic's lien on a motor vehicle shall use Form 
IT- 103 to notify the Enforcement Section 20 days in advance of a pubhc or private sale. 

Uistorx' Note: Statutory Authoritv G.S. 20-1: 20-77(d),(e): 20-1 14(c); 44A-2: 44A-4: 
Eff Jidv 1. 197 S: 
Amended Eff. October 1. 1991: February 1. 1982. 

.0404 SALE OF MOTOR \ EHICLE LADER .lUDICIAL PROCEEDINGS 

Any person selling a vehicle under judicial proceedings shall gi\c notice to the Imforcement Section 
by Form LT-101 or L 1-103 at least 20 days m ad\'ance of a public or private sale. A copy of the court 
order, judgement or execution, which shall fully describe the vehicle being sold, must accompany the 
notice of sale (Form LT-IOI). 

Uislorv Note: Slatutoiy Authority G.S. 20-1: 20-1 14(c): 
EffJuh-l. 1978: ' 
Amended Eff October I. 1991: Febmaiy 1, 1982. 

.0405 SALE OF ABANDONED \ EHICLE 

Any city or county selling an abandoned \ehicle as a result of city or county ordinance on file with 
the Enforcement Section, Division of Motor Vehicles, Raleigh, North Carolina, must gi\'e this section 
at least 20 days notice prior to such sale and this notice shall be on Form LT-101--Notice of Sale of a 
Motor Vehicle. 



'09 6:11 l\()RTH C.4ROLIN.4 REGISTER September 3, 1991 



FINAL RULES 



History Note: Statutory Authority G.S. 20-1; /60A-303; 153-9; 
Eff. July I, I97S; 
Amended Eff. October I, 1991; February I. 1982; April II, 1980. 



6:11 NORTH CAROLINA REGISTER September 3, 1991 710 



LIST OF RULES CODIFIED 



1 he List of Rules Codified i 


s a listing of rules that were filed with OAH in the month indicated. 


Kev: 




Citation = 


Title, Chapter, Subchapter and Rule(s) 


AD 


A dopt 


AM 


Amend 


RP 


Repeal 


With Chgs 


Final text differs from proposed text 


Eff Date 


Date rule becomes effective 


Temp. Expires = 


Rule was fled as a temporary rule and expires on this date 



NORTH CAROLINA ADMINISIRATIN E CODE 
JULY 1991 



niLE DKPARIMENT 



TITLE DEPARTMENT 



2 
4 

5 
10 


Agriculture 

Economic and Communit\ 

Development 
Correction 
Human Resources 


11 
15A 


Insurance 

Environment, Health, 
and Natural Resources 



16 

IQA 

21 



25 



Public Education 

Transportation 

Occupational Licensing Boards 

14 - Cosmetic Art Examiners 

32 - Medical Examiners 

58 - Real Estate Commission 

State Personnel 



Citation 


AD 


AM 


RP 


With 
Chgs 


K(T. 
Hate 


Temp. 
Kxpires 


2 \CAC 4,Xl .0301 - .0302 








• 


09 01 91 




.0501 










09 01 91 




4 NCAC 14L .0<)06 










09 01 91 




.0907 








• 


09 01 91 




20A .0002 










07 25 91 


01 22 92 


2IIB .0901 - .091 1 


• 








07 25 91 


01 22 92 


5 NCAC 2D .0601 










09 ni 91 




10 NCAC 26H .0202 








• 


10 01 91 




.0204 








• 


10 01 91 




.020f> 








• 


10 01 91 




.0507 










09 01 91 




29 R .0003 








• 


09 01 91 




411 .0313 










09 01 91 




4f)H .0201 










10 01 91 




.11203 








• 


10 01 91 





711 



6:11 NORTH CAROLINA REGISTER September 3, 1991 



LIST OF RULES CODIFIED 



Citation 


AD 


AM 


RP 


With 
Chgs 


EfT. 
Date 


Temp. 
E.vpires 


10 NCAC 49B .0606 








• 


09 01 91 




Sir .0101 - .0103 










07 24 91 


01 20 92 


.0202 










07 24 91 


01 20 92 


.0301 - .0302 










07 24 91 


01 20 92 


.0401 - .0402 










07 24 91 


01 20 92 


.0501 - .0504 










07 24 91 


01 20 92 


.0601 










07 24 91 


01 20 92 


11 \C.'\C 8 .0801 - .0802 










09 01 91 




.0803 - .0804 






• 




09 01 91 




.0805 




• 






09 01 91 




.0806 - .0814 






• 




09 01 91 




.0816 - .0818 






• 




09 01 91 




13 .0319 










09 01 91 




.0510 






• 




09 01 91 




16 .0106 










09 01 91 




.0108 


• 








09 01 91 




15.\ NC.AC 3H .0003 








• 


09 01 91 




31 .0011 










09 01 91 




3J .0103 










09 01 91 




.0107 










09 01 91 




.0201 






• 




09 01 91 




.0202 - .0204 










09 01 91 




.0205 






• 




09 01 91 




.0301 








• 


09 01 91 




3K .0104 - .0105 










09 01 91 




.0201 - .0202 










09 01 91 




.0205 










09 01 91 




.0303 










09 01 91 




.0305 








• 


09 01 91 




3L .0202 








• 


09 01 91 




3.\1 .0201 - .0202 










m 01 41 




.0203 






• 




11 01 91 




.0501 










09 0191 




.0505 - .0506 










09 01 91 




.0507 








• 


09 01 91 




.0508 


• 






• 


09 01 91 




3N .0003 - .0005 










09 01 91 




30 .0201 - .0202 










09 01 91 





6:11 NORTH CAROLINA REGISTER September 5, 1991 



712 



LIST OF RULES CODIFIED 



Citation 


AD 


AM 


RP 


With 

Chgs 


E(T. 
Date 


Temp. 

E.xpires 


ISA NCAC 30 .0203 - .0209 




• 




• 


09 01 91 




.0210 




• 






09 01 91 




3P .0003 


• 






• 


0901 91 




3Q .0107 


• 








11 01 91 




.0108 - .0109 










0901 91 




.0202 










09 01 91 




3R .0001 










09 01 91 




.0002 - .0003 








• 


09 01 91 




.11007 - .OOOX 








• 


09 01 91 




.(1010 










09 01 91 




lOK .0002 


• 






• 


09 01 91 




17A .0404 










09 01 91 




171? .0104 










09 01 91 




.0304 










09 0191 




IXA ,0126 










09 01 91 




.(l"04 










09 01 91 




.1)')14 










09 01 91 




.1202 










09 01 91 




.1206 










09 01 91 




.2638 










09 01 91 




.2^07 










09 01 91 




INC .0501 










09 01 91 




. 1 604 










09 01 91 




,1605 










09 01 91 




.1611 










09 01 'M 




.1613 










09 01 91 




.1912 










09 0191 




19A .0104 










09 01 91 




.0501 










09 01 91 




19C .0401 - .0402 










09 0191 




191) .0104 










09 01 91 




211) ,0301 










09 01 91 




.0303 










(19 01 91 




.0305 










09 01 91 




.0401 










09 01 91 




.0409 










(19 01 91 




25 .0211 










09 01 'M 




16 \( A( 6C .021):' 


• 






• 


09 01 m 





73 



6:11 NORTH CAROLINA REGISTER September I 1 99 1 



LIST OF RULES CODIFIED 



Citation 


AD 


.\M 


RP 


\\ith 

Chgs 


EfT. 
Date 


Temp. 
Expires 


19,-\ NCAC in .0101 










10 01 'M 




.0216 




• 






10 01 91 




.0217 










09 01 91 




.0217 - .0219 










10 01 91 




.0221 










10 01 91 




.0223 - .022S 










10 01 91 




.0231 










10 01 91 




.0401 ■ .0405 










10 01 91 




21 NCAC 141- .0010 






• 




()') 01 91 




14G .0017 










09 01 91 




141 .0304 










09 01 91 




32B .0309 










09 01 91 




58C .0302 








• 


10 01 91 




5SD .0201 








• 


10 01 91 




25 NCAC l.A .0006 


• 








09 01 91 




IB .0401 - .0402 






• 




09 01 91 




.0437 


• 








09 01 91 




ID .0211 








• 


09 01 91 




.0308 










09 01 91 




.0509 








• 


09 01 91 




.0611 










09 01 91 




.0706 










09 01 91 




IJ .1)606 








• 


09 1 9 1 





6:11 NORTH CAROLINA REGISTER September i, 1991 



714 



ARRC OBJECTIONS 



Tk 



he Administrative Rules Review Commission (ARRC) objected to the following ndes in accordance 
with G.S. 143B-30.2{c). State agencies are required to respond to ARRC as provided in G.S. 
N3B-30.2fd). 



EDUCATION 

Elcmcntan and Secondar>' Education 

16 \CAC 6C .020'^ - Prospecti\-e Teacher Scholarship Loans 

enmronmi:m. healhi. and na i i ral rksoi rces 

Adult Health 

ISA SCAC 16A .0804 - Financial Eligibility 
So Respome from Agency- 
Agency Responded 
So Response from Agency 

ISA SCAC I6A .0806 - Billing the fllV Health Services Program 
So Response from Agency 
Agency Responded 
So Respofue from Agency 

WMMe 

ISA SCAC I OK .0001 - Course Requirements 

HIMAN RESOl RCES 

Children's Senices 

10 SC.\C 411 .0406 - Responsibility for Training of Team Members 

IndiN'idual and I-amily Support 

10 SCAC 42B .1201 - Personnel Requirements 

So Response from Agency 

Agency Returned Rule Unchanged 

Agency Filed Rule with OAH 
10 SCAC 42C .2001 - Qualifications of Administrator 

So Response from .-Igency 

Agency Returned Rule Unchanged 

Agency Filed Rule with O.tH 
10 SCAC 42C .2002 - Qualifications of Supenisor-in-Charge 

So Response from Agency 

Agencv Returned Rule Unchanged 

Agency Filed Rule with OAH 
10 SCAC 42C .2006 - Qualifications of Acthities Coordinator 

So Response from .Agency 

Agency Returned Rule Unchanged 

Agency Filed Rule with OAH 
10 SCAC42C .3301 - Existing Building 

Agency Returned Rule Unchanged 



ARRC Objection 6121 ',91 



ARRC Objection 


i;is 91 




2i2S!9J 


So Action 


3121/91 


So Action 


4118191 


ARRC Objection 


l!l8!91 




2i2S!91 


So Action 


3121191 


No A clion 


4118191 


ARRC Objection 


7:18 91 



ARRC Objection 7118,91 



ARRC Objection 


I 18 91 




2 2S 91 


So .-iction 


3i21l91 


Rule Elf 


8V1I91 


ARRC Objection 


i; 18/91 




212SI91 


So Action 


3121191 


Rule Eff 


8 01 91 


ARRC Objection 


1 18 91 




2i2S 91 


So .Action 


3,21:91 


Rule EJf 


8/01:91 


ARRC Objection 


1, 18 91 




2/2S,91 


So .Action 


3/21/91 


Rule Eff 


8/01/91 


ARRC Objection 


11:14:90 


So Action 


12/20.90 



75 



6: 1 1 NOR TH CAR OLINA REGIS TER September 3, 1991 



ARRC OBJECTIONS 



Agency Filed Rule with OAH 
10 NCAC 42D .1401 - Qualifications of Administrator! Co- Administrator 
Agency Returned Rule U nchanged 
Agency Filed Rule with OAH 

Social Services 

10 NCAC 24A .0303 - Selj County Board Members! Social Svcs Comm 
Agency Revised Rule 

INSURANCE 

Engineering and Building Codes 

// NCAC S .0.3/5 - Final Board Order 

LICENSING BOARDS AND COMMISSIONS 

Cosmetic Art Examiners 

2 J NCAC I4F .0010 - Sanitary Rules 

No Response from Agency 
21 NCAC I4G .0017 - Changes in Teaching Staff 

No Response from Agency 
21 NCAC 141 .0304 - Classroom Work 

No Response from Agency 

Medical Examiners 

21 NCAC 32B .0309 - Personal Interview 
Agency Responded 
Rule Returned to Agency 



Rule Eff 5/01191 

ARRC Objection 11114/90 
No Action 12/20/90 

Rule Eff 5/01/91 



ARRC Objection 4/18/91 
Obj. Removed 7/18/91 



ARRC Objection 7/18/91 



ARRC Objection 5/16/91 

No Action 7/18/91 

ARRC Objection 5/16/91 

No Action 7/18/91 

ARRC Objection 5116/91 

No Action 7/18/91 



ARRC Objection 2125/91 

No Action 3121/91 

5/16/91 



6:11 NORTH CAROLINA REGISTER September 3, 1991 



716 



eaasasm 



RULES INVALIDATED BY JUDICIAL DECISION 



1 his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court. 
Court of Appeals, Superior Court (when a\'ailable), and the Office of Administrative Hearings which 
invalidate a rule in the Sorth Carolina Administrative Code. 



10 NCAC 261 .0101 - PURPOSE: SCOPEjNOTICE OF CHANGE IN LEVEL OE CARE 

10 .\CAC 261 .0102 - REQUESTS EOR RECONSIDERA TION AND RECIPIENT APPEALS 

10 NCAC 261 .0104 - EORMAL APPEALS 

Thomas R. West, Administrative Law Judge with the Ofllce of Administrative Hearines, deckired Rules 
10 NCAC 261 .0101, 10 NCAC 261 .0102 and 10 NCAC 261 .0104 void as applied^ in Linda Allred, 
Petitioner V. North Carolina Department of Human Resources. Di\ision of Medical Assistance, Respondent 
m DHR 0940). 

10 NCAC 42n .0003(c) - COUNTY DEPT OE SOCIAL SERVICES RESPONSIBILITIES 
10 NCAC 42 If .0005 - REPORTING CASES OE RAPE AND INCEST 

The North Carolina Court of Appeals, per Judge Robert F. Orr, declared Rules 10 NCAC 42W .0003(c) 
and 10 NCAC 42\V .0005 void as applied in Rankin W'hittington. Daniel C Hudgins. Dr. Takey Crist, 
Dr. Gwendolyn Boyd and Planned Parenthood of Greater Charlotte, Inc., Plaintiffs v. The North Carolina 
Department of Human Resources, Da\-id Flalierty, in his capacity as Secretary of the North Carolina De- 
partment of Human Resources, 'The North Carolina Social Services Commission, and C. Barry McCarty, 
in his capacity as Chairperson of the North Carolina Social Services Commission. Defendants [100 N.C. 
App. 603, 398 S.E.2d 40 (1990)]'. 

16 .\CAC 6D .0105 - USE OE SCHOOL DA Y 

The North Carolina Supreme Court, per Associate Justice Henn' E. Fr>e, held in\alid Rule 16 NCAC 
6D .0105 as decided in The State of North Carolina: The North Carolina State Board of Education: and 
Bob Etheridge, State Superintendent of Public Instruction. Plaintiffs v. Whittle Communications and The 
Thomasville City Board of Education. Defendant-Counterclaimants and The Davidson County Board of 
Education. Defendant- 1 nten-enor and Counterclaimant v. The Stale of North Carolina: The North Carolina 
State Board of Education: and Bob Etheridge, State Superintendent of Public Instruction: and Howard S. 
Haworth; Barbara M. Tapscolt: Kenneth R. Harris; Teena Smith Little: W.C Meekins Jr.: Mary B. 
.Morgan: Patricia II. .\cal: Caiy C. Owen: Donald D. Pollock: Preiell R. Robinson: Norma B. Turnage; 
State Treasurer Harlan E. Boyles; and Lt. Governor James C. Gardner: in their official capacities as 
members of The North Carolina State Board of Education, Counterclaim Defendants [328 N.C. 456, 402 
S.E.2d 556(1991)]. 

15A NCAC 7H .0308 - SPECIEIC USE STANDARDS 

The North Carolina Court of .Appeals, per Judge Sidney S. Eagles Jr., held that it was error for the 
Coastal Resources Commission to fail to follow the required notice and comment procedure prior to the 
adoption of temporary- rule 15A NCAC 7H .0308(a)(l)(M), but that the CRC foUowed proper procedures 
when it adopted the text of the temporary rule as a permanent rule (15A NCAC 7H .0308(a)(r)(M)]. 
Conservation Council of North Carolina v. Haste [102 N.C. App. 411, 402 S.E.2d 447 (1991)]. 



717 6:11 NORTH CAROLINA REGISTER September 3, 1 99 1 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



The North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two 
of these, titles and chapters, are mandatory. The major subdivision of the NCA C is the title. 
Each major department in the North Carolina executive branch of government has been as- 
signed a title number. Titles are further broken down into chapters which shall be numerical 
in order. The other two, subchapters and sections are optional subdivisions to be used by 
agencies when appropriate. 

TITLE/MAJOR DIMSIONS OF THE NORTH CAROLINA ADMINISTRA TFV E CODE 



ITLE 


DEPARTMENT 


LICENSrSG BOARDS Cli 


[AFTER 


1 


Administration 


Architecture 


2 


2 


Agriculture 


Auctioneers 


4 


3 


Auditor 


Barber Examiners 


6 


4 


Economic and Community 


Certified Public Accountant Examiners 


8 




Development 


Chiropractic Examiners 


10 


5 


Correction 


General Contractors 


12 


6 


Council of State 


Cosmetic /Vrt Examiners 


14 


7 


Cultural Resources 


Dental Examiners 


16 


8 


Elections 


Electrical Contractors 


18 


9 


Go\emor 


Foresters 


20 


10 


Human Resources 


Geologists 


21 


11 


Insurance 


Hearing /Vid Dealers and Fitters 


22 


12 


Justice 


Landscape Architects 


26 


13 


Labor 


Landscape Contractors 


28 


14A 


Crime Control and Public Safety 


Marital & Famil}- Therapy 


31 


15A 


En\'ironment, Health, and Natural 


Medical Examiners 


32 




Resources 


Midwifery- Joint Committee 


33 


16 


Public Education 


Mortuary- Science 


34 


17 


Re\enue 


Nursing 


36 


18 


Secretary- of State 


Nursing Home Administrators 


37 


19A 


Transportation 


Occupational Therapists 


38 


20 


Treasurer 


Opticians 


40 


*21 


Occupational Licensing Boards 


Optometry 


42 


TT 


Administrative Procedures 


Osteopathic Examination and 


44 


23 


Community Colleges 


Registration (Repealed) 




24 


Independent Agencies 


Pharmacy 


46 


25 


State Personnel 


Ph>-sical Therapy Examiners 


48 


26 


Administrative Hearings 


Plumbing, Heating and Fire Sprinkler 
Contractors 


50 






Podiatry Examiners 


52 






Practicing Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers and l,and Sur\'eyors 56 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work 


63 






Speech and Language Pathologists and 


64 






Audiologists 








Veterinary- Medical Board 


66 



Note: litle 21 contains the chapters of the various occupational licensing boards. 



6:11 NORTH CAROLINA REGISTER September 3, 1991 



71S 



BSEinaiu 



■"■«""«■ 



CUMULATIVE INDEX 



CUMVLAllVE ISDEX 

(April 1991 - March 1992) 



1991 - 1992 



Paaes 



Issue 



1 - 44 1 - April 

44 - 99 2 - April 

100 - 185 3 - Mav 

186 - 226 4 - May 

227 - 246 5 - June 

247 - 325 6 - June 

326 - 373 7 - July 

374 - 463 8 - July 

464 - 515 9 - August 

516 - 677 10 - Ausmst 

678 - 721 11 - September 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

FR - linal Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - TemporaPv Rule 



ADMIMSTRATION 

State Construction. 465 PR 

aumimsiratim; hkarings 

Hearings Division, 310 PR 
Rules Division, 665 PR 

agricli.hrf. 

Food and DruiZ Protection Di\ision, 576 PR 

Markets, 576 PR 

North CaroUna State Fair, 576 PR 

Plant IndustP,-. 102 PR, 469 PR, 5:'6 PR 

CORRECTION 

Division of Pnsons, 35 FR, 87 FR, 209 FR, 700 FR 

CULTURAL RESOURCES 

State l.ibran-. 686 PR 



7/9 



6:11 NORTH CAROLINA REGISTER September 3, 1991 



CUMULA TIVE INDEX 



ECONOMIC AND COMMLTsITY DEVELOPMENT 

Alcoholic Beverage Control Commission, 4 PR 
Community Assistance, 104 PR 
Credit Union Division, 231 PR, 683 PR 
Employment and Training, 590 PR 

EN^ IRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management, 299 PR 

Environmental Management, 197 PR, 271 PR, 447 PR 

Forest Resources, 300 PR 

Health: Epidemiologv, 28 PR, 341 PR 

Health Services. 9 P^R, 327 PR 

Land Resources, 494 PR 

Marine Fisheries, 122 PR, 690 PR 

Parks and Recreation, 693 PR 

Water Treatment Facilitv Operators, 495 PR 

Wildlife Resources Commission, 84 PR, 170 PR, 198 PR, 301 PR, 647 PR, 692 PR 

FINAL DECISION LEnERS 

Votmg Rights Act, 48, 230, 248, 326, 464, 516, 681 

ELSAL RULES 

List of Rules Codified, 89 FR, 215 FR, 314 FR, 451 FR, 504 FR, 711 FR 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 1, 45, 100, 186, 227, 247, 374, 678 

HUMAN RESOURCES 

Aging, Division of, 72 PR, 422 PR 
Blind, Ser\'ices for, 686 PR 
Economic Opportunity, 604 PR. 689 PR 
Facility Ser\ices, 104 PR, 471 PR, 592 PR 

Medical Assistance, 9 PR, 112 PR, 188 PR, 232 PR, 250 PR, 430 PR, 492 PR, 601 PR, 688 PR 
Mental HeaUh, Developmental Disabilities and Substance Abuse Services, 5 PR, 49 PR, 375 PR, 
449 FR 
Social Services, 116 PR 

ESSURAXCE 

Actuarial Services, 119 PR 

Life and Heahh Division, 430 PR 

Special Services Division, 84 PR 

JUSTICE 

Criminal Justice Education and Training Standards, 607 PR 
Private Protective Ser\'ices, 121 PR 
Sheriffs' Standards Division, 618 PR 
State Bureau of Investigation, 250 PR 

LICENSING BOARDS 

Architecture, Board of, 30 PR, 232 PR 

Certified Public Accountant Examiners, 201 PR 

Cosmetic /Vrt Examiners, 653 PR 

Geologists, Board of, 654 PR 

Hearing y\id Dealers and Fitters, 496 PR, 655 PR 

Landscape Contractors' Registration Board, 665 PR 

Medical Examiners, Board of, 304 PR, 363 PR 

Nursing, Board of, 305 PR 

Pharmacy, Board of, 201 PR 

Physical Therapy Examiners, Board of, 33 PR, 363 PR 



6:11 NORTH CAROLINA REGISTER September 5, 1991 720 



CUMULA TIVE INDEX 



Practicing Psychologists Examiners, 203 PR 
Professional Pngineers and Land Surveyors, 497 PR 
Real [Estate Cornmission, 171 PR, 500 PR 

PI BLIC KDL CATION 

i;icmentar>- and Secondary-, 29 PR, 199 PR, 303 PR, 694 PR 

RIAEM E 

Indi\idual Income Tax Division, 234 FR 
PropertN' lax Commission, 210 FR 

SECRETARY OE STATE 

Securities Division. S5 PR 

STA IE PERSONNEL 

Office of State Personnel, 696 PR 

State Personnel Commission, 172 PR, 364 PR 

STATEMENTS OE ORGANIZATION 

Statements of Organization, 518 SO 

TRANSPORLATION 

Division of Motor Vehicles, 213 FR, 502 FR, 701 FR 



721 6:11 NORTH CAROLINA REGISTER September 3, 1991 



NORTH CAROLINA ADMINISTRATIVE CODE 

The full publication consists of 53 volumes, totaling in excess of 15,000 pages. It is supplemented monthly 
with replacement pages. A one year subscription to the full publication including supplements can be 
purchased for seven hundred and fifty dollars (S750.00J. Individual volumes may alw be purchased with 
supplement service. Renewal .mbscriptions for supplements to the initial publication are available at one- 
half the new subscription price. 

PRICE LIST FOR THE SUBSCRIPTION YEAR 



\ olumc 


Title 


Chapter 


Subject 


New 
Subscription* 


Total 
Quantity Price 


1 - 52 


FuU Code 

1 

2 
-> 

3 

4 
4 
5 
5 

6 

7 

8 

9 

10 

10 

10 

10 
10 
10 
10 
10 
10 
10 
10 
10 
10 
10 
10 
10 

11 

12 
13 
13 
13 
14A 

15A 
15A 
15A 
15A 
15A 


1 - 37 
1 - 24 
25- 52 
1 - 4 
1 - 2 

3- 20 
1 - 2 
3-4 

1 -4 
1 - 12 
1 -9 
1 -4 
1 - 2 
3A- 3K 
3L- 3R 

3S - 3U 

4- 6 
7 

8-9 
10 

11-14 
15- 17 
18 

19- 30 
31 - 33 
34-41 
42 

43- 51 
1 - 15 

1 - 12 
1 - 6 
7 

8- 16 
1 - 11 

1 - 2 

3 - 6 
7 

8 - 9 
10 


All titles 
Administration 
Agriculture 
Agriculture 
Auditor 

BCD (includes ABC) 
F.CD 

Correction 
Correction 
Council of State 
Cultural Resources 
Flections 
Governor 
Human Resources 
Human Resources 
Human Resources 
(mcludes CON) 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Insurance 
Justice 
I abor 
OSHA 
Labor 

Crime Control and 
Public Safety 
EHNR (includes EMC) 
EIINR 

Coastal Management 
EHNR 
Wildlife 


$750.00 
90.00 
75.00 
75.00 
10.00 
45.00 
90.00 
60.00 
30.00 

60.00 
10.00 
45.00 
30.00 
90.00 

45.00 
30.00 
30.00 
30.00 
30.00 
30.00 
60.00 
45.00 
75.00 
90.00 
30.00 
60.00 
45.00 
90.00 
90.00 
90.00 
30.00 
45.00 
45.00 

45.00 
90.00 
45.00 
45.00 
30.00 
45.00 




1 




2 




3 




4 




5 




6 




7 




8 




9 




10 




11 




12 




13 




14 




15 




16 




17 




18 




19 




20 




21 




22 




23 




24 




25 




26 




27 




28 




29 




30 




31 




32 




33 




34 




35 




36 




37 




38 






Continued 



\ olumc 


Title 


39 


15A 


40 


15A 


41 


16 


42 


17 


43 


17 


44 


18 


45 


19A 


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